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2025 DAILYLAW 3347 (UTT)

KEWAL KRISHAN KUMAR v. STATE OF UTTARAKHAND

C528/248/2025 · 2025-03-04

Alok Mahra

body2025

Judgment text

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No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS ` C-528 No. 248 of 2025 Hon’ble Alok Mahra, J. Heard Mr. Ajay Joshi, learned counsel for the applicants, Mr. Deepak Bisht, learned Deputy Advocate General, for the State and Mr. Vishal Vikram Singh, learned counsel holding brief of Mr. Ketan Joshi, learned counsel for respondent no. 2. 2. Present C-528 application is filed with the prayer to quash the charge-sheet dated 25.04.2018 as well as summoning order dated 10.08.2018 and the entire proceedings of Criminal Case No. 10432 of 2018, State Vs. Sumit Sagar and another, mentioned as (E.C.F. No. 2985 of 2018), under Section 406 of IPC, pending in the court of learned Chief Judicial Magistrate, District Haridwar on the basis of compromise between the parties. 3. Compounding application (IA/2/2025) is also filed in the matter wherein it is prayed to compound the offence between the parties under Section 406 of IPC. 4. Applicant Kewal Krishan Kumar applicant is present in person duly identified by his counsel, and the complainant- Devendra Singh Rawat is present through video-conferencing, duly identified by his counsel. 5. Learned State Counsel has formerly objected to the compounding application. 6. Hon’ble Supreme Court, in a catena of its judgments, has observed that in cases where because of the compromise arrived at between the parties, possibility of conviction is remote and bleak, the High Court may quash the criminal proceedings as continuation of the same would cause great prejudice and injustice to the accused. 7. Following the aforesaid ratio, present compounding application (IA/2/2025) is allowed. The offences between the parties are permitted to be compounded. As a result, the entire proceedings of Criminal Case No. 10432 of 2018, State Vs. Sumit Sagar and another, mentioned as (E.C.F. No. 2985 of 2018), under Section 406 of IPC, pending in the court of learned Chief Judicial Magistrate, District Haridwar, are hereby quashed qua the applicant. FIR and charge-sheet filed pursuant thereto stand quashed. 8. C-528 application stands disposed of in the aforesaid terms. (Alok Mahra J.) 04.03.2025 Kaushal