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High Court of Uttarakhand · body

2025 DAILYLAW 408 (UTT)

KULDEEP v. STATE OF UTTARAKHAND

C528/1318/2025 · 2026-05-05

Alok Mahra

body2025

Judgment text

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. 1318 of 2025 Hon ’ble Alok Mah r a, J. Mr. Shakib Husain, learned counsel for the applicant. 2. Mr. V.S. Pal, learned A.G.A. for the State. 3. Ms. Asmi, learned counsel for the complainant/ respondent nos. 2 and 3. 4. The present criminal misc. application is filed with the prayer to set-aside and quash the chargesheet, cognizance/ summoning order as well as the entire proceedings of Criminal Case No. 317 of 2021, State Vs. Kuldeep, under Sections 279 and 304-A of IPC, pending in the court of learned Additional Chief Judicial Magistrate, Laksar, District Haridwar. 5. In this case, an accident occurred, whereby, an Alto Car driven by the applicant hit a motorcycle in which the rider of the motorcycle got injured due to which he died. Thereafter, the brother of the deceased filed an FIR against the applicant under Sections 279, 337 and 338 of IPC. Chargesheet was filed against the applicant under Sections 279 and 304(A) of IPC. 6. Learned counsel for the applicant would submit that MACT claim was also filed by the complainant, in which, compromise was entered into between the applicant and the complainant. 7. Now, Compounding Application is filed in the matter wherein it is prayed to compound the offences between the parties. 8. Learned counsel for the applicant submits that the parties have amicably settled their dispute and have entered into a compromise. 9. On the last date, parties were present before this Court and were duly identified by their respective counsels. Parties have also filed their respective affidavits stating the facts of compromise between them. 10. The Court interacted with the parties. Upon interaction, respondent no. 2 submits that now he has amicably settled his dispute with the applicant and he does not want to pursue with the criminal proceedings against the applicant. 11. At this stage, learned State Counsel raised a preliminary objection to the effect that the offences sought to be compounded are non-compoundable. 12. However, the Hon’ble Apex Court in the case of B.S. Joshi and others Vs. State of Haryana reported in (2003) 4 S.C.C., Page 675, has permitted compounding of non-compoundable offences with the permission of Court. 13. Furthermore, 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. 14. Following the aforesaid ratio, the present compounding application is allowed. The offences between the parties are permitted to be compounded. As a result, the entire proceedings of Criminal Case No. 317 of 2021, State Vs. Kuldeep, under Sections 279 and 304-A of IPC, pending in the court of learned Additional Chief Judicial Magistrate, Laksar, District Haridwar, are hereby quashed qua the applicant. FIR and charge-sheet filed pursuant thereto stand quashed. 15. Accordingly, the present criminal misc. application stands disposed of in the aforesaid terms. ( Alok Mah r a J.) 05.05.2026 Ujjwal