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
10.03.2025
C528 No.297 of 2025 Hon’ble Alok Mahra, J.
Mr. Sachin Panwar, learned counsel for the revisionist. 2 Mr. Deepak Bisht, learned DAG along with Mr. Devendra Singh, learned AGA for the State.
3. Mr. M. S. Bisht, learned counsel for respondent no.2.
4. Present C528 application is filed with the prayer to quash the summoning order dated 11.02.2025 as well as the entire proceedings of Criminal Case No.261 of 2025 (Case Crime No.217 of 2024), under Sections 420 & 120B of IPC, pending in the court of Addl. Chief Judicial Magistrate, Kotdwar, District Pauri Garwal 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 Sections 420 & 120B of IPC.
6. Complainant is present before this Court through V.C. while brother of the applicants are present before this Court today and duly identified by their respective counsels. Parties have also filed their respective affidavits stating the above fact of compromise between them.
7. Learned State Counsel has formally opposed the compounding application.
8. 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.
9. In view of the above, Compounding Application is allowed. As a result, the summoning order dated 11.02.2025 as well as the entire proceedings of Criminal Case No.261 of 2025 (Case Crime No.217 of 2024), under Sections 420 & 120B of IPC, pending in the court of Addl. Chief Judicial Magistrate, Kotdwar, District Pauri Garwal, are hereby quashed qua the applicants. Liberty is granted to the applicants, who are in jail, to approach the Magistrate concerned for obtaining the order for their release.
10. C528 application stands disposed of in the aforesaid terms.
(Alok Mahra, J.) 10.03.2025 BS