2025:UHC:2066 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SHRI JUSTICE ASHISH NAITHANI 21st MARCH, 2025 CRIMINAL MISCELLANEOUS APPLICATION NO. 565 of 2021 Hari Singh and Another .…Applicants Vs. State of Uttarakhand and Another. ..…Respondents Counsel for the Applicants : Mr. Dharmendra Barthwal, Advocate. Counsel for the State : Mr. Pramod Tiwari, Brief Holder. Counsel for the Respondent : Mr. Abhishek Verma, no.2 Advocate through video conferencing. Hon’ble Ashish Naithani, J. The present Application has been filed under Section 482 of the Code of Criminal Procedure, 1973 to quash the charge-sheet, summoning order and the entire proceedings of Criminal Case No. 3199 of 2017 (Case Crime No. 1 of 2017), “State vs. Hari Singh and Another” under Sections 323, 504 and 506 of the Indian Penal Code, 1860, registered at Police Station Mussoorie District Dehradun, pending before the Court of learned Chief Judicial Magistrate, Dehradun. 2025:UHC:2066 2 2. Subsequent to the submission of the charge- sheet, learned Trial Court took the cognizance and passed the summoning order against the applicants-accused persons for the offence under Sections 323, 504 and 506 of the Indian Penal Code, 1860. 3. Along with C-482 Application, a joint Compounding Application (IA No. 06 of 2024) has been signed and filed by the parties, which is duly supported by separate affidavits of applicants and respondent no.2 – complaint. 4. Shri Hari Singh and Arvind Sonkar- applicant no.1 and applicant no. 2 respectively are present through video conferencing and they are duly identified by Mr. Dharmendra Barthawal, Advocate. 5. Shri Prabhat Narayan Singh- respondent no. 2 is present through video conferencing and he is identified by Mr. Abhishek Verma, Advocate. 6. Heard learned counsel for the parties and perused the material available on record. 7. The Court also had an interaction with Shri Prabhat Narayan Singh, respondent no. 2 about the compromise, to which, he fairly conceded that he has no objection if compounding application is allowed. 2025:UHC:2066 3 8. Respondent no. 2 also submitted that he does not want to proceed with the said Criminal Case. He further submitted that there were private disputes between them and the said disputes have been resolved, therefore, a joint compounding application has been filed along with affidavits with free will and without any pressure. 9. The respondent no. 2 requested to quash the entire proceedings of the said Criminal Case No. 3199 of 2017 (Case Crime No. 1 of 2017), “State vs. Hari Singh and Another” under Sections 323, 504 and 506 of the Indian Penal Code, 1860, registered at Police Station Mussoorie District Dehradun, pending before the Court of learned Chief Judicial Magistrate, Dehradun. 10. Per contra, learned State Counsel has formally objected to the offences made out in the present case. 11. In view of the principle of law laid down by Hon’ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303 as well as in Transfer Petition (Criminal) No. 115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, criminal proceedings can be quashed by this Court, if this Court is satisfied that matter has been settled 2025:UHC:2066 4 between the parties amicably and parties are interested to restore peace and harmony between them. 12. Keeping in view of the totality of the facts and circumstances of the case, this Court is of the view that ends of justice would be met, if the entire proceedings of Criminal Case No. 3199 of 2017 (Case Crime No. 1 of 2017), “State vs. Hari Singh and Another” under Sections 323, 504 and 506 of the Indian Penal Code, 1860, registered at Police Station Mussoorie District Dehradun, pending before the Court of learned Chief Judicial Magistrate, Dehradun, are quashed. 13. Resultantly, the entire proceedings of entire proceedings of Criminal Case No. 3199 of 2017 (Case Crime No. 1 of 2017), “State vs. Hari Singh and Another” under Sections 323, 504 and 506 of the Indian Penal Code, 1860, registered at Police Station Mussoorie District Dehradun, pending before the Court of learned Chief Judicial Magistrate, Dehradun are hereby quashed. 14. The Criminal Miscellaneous Application No. 565 of 2021, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly. ___________________ ASHISH NAITHANI, J. Dt: 21st March, 2025 Shiksha