SUSHIL KUMAR ARORA ALIAS DIMPI AND ORS v. STATE OF UTTARAKHAND
C528/299/2025 · 2025-06-26
Ashish Naithani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3688 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3688 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:5438 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
(Compounding Appl. No.01 of 2025) In C528 No.299 of 2025 Hon’ble Ashish Naithani, J.
Mr. Basant Singh, learned counsel for the Applicant.
2. Mr. Vipul Painuly, learned AGA assisted by Mr. Chitrarth Kandpal, learned Brief Holder for the State.
3. Mr. Ashish Singhal, learned counsel holding brief of Mr. Harshpal Sekhon, for respondent no.2.
4. Present C528 application has been filed by the Applicants- Sushil Kumar Arora alias Dimpi and Balvinder Singh alias Dimpal alongwith compounding application and the same is supported with the affidavits of Applicants as well as Respondent no.2.
5. By means of this C528 application, applicants have sought quashing of impugned summoning/cognizance order dated 22.02.2019 as well as charge sheet dated 12.09.2018 and the entire proceedings of Criminal Case No.1523 of 2019, for the offence punishable under Sections 342, 324, 504, 506 of IPC pending in the court of learned Additional Chief Judicial Magistrate/First Additional Civil Judge (S.D.), Rudrapur, Udham Singh Nagar arising out of FIR No.73 of 2018, registered at Police Station-Kiccha, District Udham Singh Nagar.
6.
Learned counsel for the parties have filed their respective affidavits along with the compounding application stating therein that they do not wish to pursue the present criminal case any further and a compromise has been entered between them.
7. Heard learned counsel for the parties and perused the material available on record.
2025:UHC:5438
8. The Coordinate Bench of this Court vide
order dated 10.06.2025 had directed the Secretary, District Legal Services Authority, Rudrapur, District Udham Singh Nagar to file a report before the next date of listing. The Secretary, District Legal Services Authority, Rudrapur, District Udham Singh Nagar had filed a report that the parties have settled their dispute and they do not want to pursue the matter, any further.
9. In view of the principle of law laid down by Ho’ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303, 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 interest to restore peace and harmony between them.
10. Having heard learned counsel for the parties and in view of the above, the compounding application is allowed. The entire proceedings of Criminal Case No.1523 of 2019, for the offence punishable under Sections 342, 324, 504, 506 of IPC pending in the court of learned Additional Chief Judicial Magistrate/First Additional Civil Judge (S.D.), Rudrapur, Udham Singh Nagar arising out of FIR No.73 of 2018, registered at Police Station-Kiccha, District Udham Singh Nagar are hereby quashed.
11. Accordingly instant Criminal Misc. Application stands disposed of.
(Ashish Naithani, J.)
26.06.2025 Arti
ARTI SINGH Digitally signed by ARTI SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE2521F982, cn=ARTI SINGH Date: 2025.07.01 12:48:41 +05'30'