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2025 DAILYLAW 3433 (UTT)

GURPAL ALIAS TITU v. STATE OF UTTARAKHAND

C528/265/2025 · 2025-04-21

Vivek Bharti Sharma

body2025

Judgment text

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2025:UHC:2836 1 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc Application No. 265 of 2025 Gurpal Alias Titu ……...Petitioner/accused Versus State Of Uttarakhand and others ...……..Respondents ---------------------------------------------------------------------- Presence:- Mr. D C S Rawat, Advocate for the petitioner. Mr. Akshay Latwal, learned A.G.A. for the State. Mr. Ajay Joshi, learned counsel for respondent nos.2 & 3. ---------------------------------------------------------------------- Dated : 21.04.2025 Hon'ble Vivek Bharti Sharma, J. This petition is filed by the petitioners/accused for quashing of the impugned cognizance /summoning order dated 15.03.2024 passed in Special Sessions Trial No. 309 of 2024 under Sections 323, 354, 506 I.P.C. and Section 7/8 of Protection of Children from Sexual Offences Act, 2012 pending in the court of learned F.T.C./Additional Sessions Judge/Special Judge POCSO Rudrapur, District Udham Singh Nagar as well as the entire proceedings of the above case qua the petitioner, in view of the compromise arrived at between the parties. 2. In view of the fact that a Compounding Application (IA 1 of 2025) was filed by the parties, this Court, vide order dated 28.03.2025, had 2025:UHC:2836 2 directed the parties to appear before the Secretary, District Legal Services Authority, Udham Singh Nagar in order to get their statements recorded and to verify the compromise deed. 3. Pursuant to such order, Secretary, District Legal Services Authority, Udham Singh Nagar has submitted the report dated 08.04.2025 which clearly indicates that the parties have settled the dispute amicably and have also verified the contents of the compromise deed. 4. In view of the above, Compounding Application (IA No.1/2025) is hereby allowed. As a consequence thereof, the cognizance /summoning order dated 15.03.2024 passed in Special Sessions Trial No. 309 of 2024 under Sections 323, 354, 506 I.P.C. and Section 7/8 of Protection of Children from Sexual Offences Act, 2012 pending in the court of learned F.T.C./Additional Sessions Judge/Special Judge POCSO Rudrapur, District Udham Singh Nagar as well as the entire proceedings of the above case are hereby quashed qua the petitioners. 5. Present petition is disposed of in terms of compromise arrived at between the parties. (Vivek Bharti Sharma, J.) 21.04.2025 Mamta 2025:UHC:2836 3