Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 3562 (UTT)

DEEPAK AHDIKARI v. STATE OF UTTARAKHAND

C528/291/2025 · 2025-06-25

Ashish Naithani

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 2025:UHC:5382 IA No.01 of 2025 (Compounding Application) With C528 No.291 of 2025 HON’BLE ASHISH NAITHANI, J. Mr. Sandeep Adhikari, learned counsel for the Applicants. 2. Mr. Vipul Painuly, learned AGA with Mr. Chitrarth Kandpal, learned Brief Holder, for the State of Uttarakhand/1. 3. Mr. Jitendra Kumar, learned counsel for the respondent nos.2 and 3. 4. The present Application has been filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, to quash the entire proceedings of Session Trial No.04 of 2024, “State Vs. Deepak Adhikari and others”, under Sections 147, 148, 307, 323, 427, 504 and 506 of IPC pending in the court of learned Addl. Chief Judicial Magistrate, Haldwani, District Nainital. 5. Along with C528 application, a compounding application has been signed by the parties and has been filed, which is duly supported by separate affidavits of applicants and private respondent nos.2 and 3. 6. Learned counsel for the parties have filed their respective affidavits along with the compounding application stating therein that they do not want to pursue the present criminal case any further and a settlement has reached between them, and parties are present before this Court who are duly identified by their respective counsels. 7. Heard learned counsel for the parties and perused the material available on record. 8. In view of the principle of law laid down by Hon'ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303 as well as in Transfer Petition (Criminal) No. 115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, criminal proceedings can be quashed by this Court, if this Court is satisfied that matter has been settled between the parties amicably and parties are interested to restore peace and harmony between them. 9. Keeping in view of the totality of the facts and circumstances of the case, this Court is of the view that ends of justice would be met, if the entire proceedings of entire proceedings of Session Trial No.04 of 2024, “State Vs. Deepak Adhikari and others”, under Sections 147, 148, 307, 323, 427, 504 and 506 of IPC pending in the court of learned Addl. Chief Judicial Magistrate, Haldwani, District Nainital, are hereby quashed. 10. In view of the above, the compounding application is allowed. The entire proceedings of entire proceedings of Session Trial No.04 of 2024, “State Vs. Deepak Adhikari and others”, under Sections 147, 148, 307, 323, 427, 504 and 506 of IPC pending in the court of learned Addl. Chief Judicial Magistrate, Haldwani, District Nainital, are hereby quashed 11. The Criminal Miscellaneous Application, filed under 528 of the Bhartiya Nagarik Suraksha Sanhita, is disposed of accordingly. (ASHISH NAITHANI, J.) 25.06.2025 Nitesh/