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2025 DAILYLAW 3637 (UTT)

JASWANT AND ANR v. STATE OF UTTARAKHAND

C528/295/2025 · 2025-03-10

Alok Mahra

body2025

Judgment text

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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. 295 of 2025 Hon’ble Alok Mahra, J. Heard Mr. M.K. Chand, learned counsel for the applicants, Mr. Deepak Bisht, learned D.A.G. for the State and Mr. M.S. Bisht, 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. 400 of 2025, State Vs. Jaswant and Others, under Section 318(4) and 61(2) of BNS, 2023, pending in the court of learned Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal, 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 Section 318(4) and 61(2) of BNS, 2023. 4. Learned counsel for the applicants submits that the parties have amicably settled their dispute and have entered into a compromise. Learned counsel further submits that both the applicants are languishing in jail. 5. Gareeb Singh Sekhawat, who is father in law of applicant no. 1, Abhinav, who is brother-in-law of applicant no. 2 and Himanshu Verma, respondent no. 2/complainant 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. 400 of 2025, State Vs. Jaswant and Others, under Section 318(4) and 61(2) of BNS, 2023, pending in the court of learned Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal, 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.) 10.03.2025 Ujjwal