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. 2163 of 2025 Hon ’ble Alok Mah r a, J.
Mr. Rahul Adhikari, learned counsel for the applicant.
2. Mr. K.S. Bora, learned D.A.G. for the State.
3. Mr. Gulshan Pandey, learned counsel for respondent no. 2.
4. Present C-528 application is filed with the prayer to set-aside/ quash the impugned
order dated 20.11.2024 passed by learned ACJM, Haldwani, Nainital in Criminal Case No. 2306 of 2022, Poonam Vs. Rajendra Singh Jeena, under Section 495 of IPC, on the basis of compromise between the parties.
5. Compounding application (IA/ 1/ 2025) is also filed in the matter wherein it is prayed to compound the offence between the parties under Section 495 of IPC.
6.
Learned counsel for the applicant submits that the parties have amicably settled their dispute and have entered into a compromise.
7. Parties are present before this Court and are duly identified by their respective counsels. Parties have also filed their respective affidavits stating the
facts of compromise between them.
8. Upon interaction, it is stated by respondent no. 2 that they have amicably resolved their dispute and she do not want to pursue with the criminal proceedings against the applicant as the applicant has tendered
his apology to respondent no. 2.
9. Learned State Counsel raised a preliminary objection to the effect that the offences sought to be compounded are non- compoundable.
10. 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.
11. Following the aforesaid ratio, present compounding application is allowed. The offences between the parties are permitted to be compounded. As a result, Criminal Appeal No. 94 of 2024, Rajendra Singh Jeena Vs. State and Another, pending before 1st Additional District and Session Judge, Haldwani, District Nainital stands allowed. The
judgment and order dated 20.11.2024 passed by learned ACJM, Haldwani, Nainital in Criminal Case No. 2306 of 2022, Poonam Vs. Rajendra Singh Jeena, whereby the applicant has been convicted and sentence for offence punishable under Section 495 of IPC is hereby set-aside. The applicant is acquitted of the charges for which he has been convicted by learned trial court.
12. Applicant is in bail. He need not to surrender, if not wanted in connection with any other matter.
13. C-528 application stands disposed of in the aforesaid terms.
( Alok Mah r a J.)
10.03.2026 Ujjwal