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2025 DAILYLAW 3531 (UTT)

KAILASH BALMIKI ALIAS KAILASH CHANDRA BALMIKI AND ORS v. STATE OF UTTARAKHAND

C528/278/2025 · 2025-03-12

Alok Mahra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

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. 278 of 2025 Hon’ble Alok Mahra, J. Heard Mr. Neeraj Singh Kaira, learned counsel for the applicants, Mr. Deepak Bisht, learned D.A.G. for the State and Mr. Vaibhav Mahtolia, learned counsel for respondent no. 2. 2. Present C-528 application is filed with the prayer to set-aside/quash the entire proceedings of Criminal Case No. 4710 of 2020, State Vs. Kailash Balmiki and Others, under Sections 147, 323, 504 and 506 of IPC, pending in the court of learned Additional Chief Judicial Magistrate, Haldwani, District Nainital, on the basis of compromise between the parties. 3. Compounding application (IA/1/2025) is also filed in the matter wherein it is prayed to compound the offence between the parties under Sections 147, 323, 504 and 506 of IPC. 4. Learned counsel for the applicants submits that the parties have amicably settled their dispute and have entered into a compromise. 5. Parties are present before this Court and are duly identified by their respective counsel. Parties have also filed their respective affidavits stating the facts of compromise between them. 6. Learned State Counsel has formerly objected to the compounding application. 7. 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. 8. Following the aforesaid ratio, present compounding application (IA/1/2025) is allowed. The offences between the parties are permitted to be compounded. As a result, entire proceedings of Criminal Case No. 4710 of 2020, State Vs. Kailash Balmiki and Others, under Sections 147, 323, 504 and 506 of IPC, pending in the court of learned Additional Chief Judicial Magistrate, Haldwani, District Nainital, are hereby quashed qua the applicants. 9. FIR and charge-sheet filed pursuant thereto stand quashed. 10. C-528 application stands disposed of in the aforesaid terms. (Alok Mahra J.) 12.03.2025 Ujjwal