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2025:UHC:5270 SL. No . Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
C-528 No. 445 of 2025 Hon’ble Ashish Naithani, J.
Ms. Shazia Parveen, learned counsel holding brief of Mr. Parikshit Saini, learned counsel for the Applicant. 2. Mr. Akshay Latwal, learned A.G.A. for the State of Uttarakhand. 3. Ms. Sukhwani Singh, learned counsel for the Respondent No. 2. 4. The present Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of the Applicant- Yogender Rawat seeking quashing of the charge sheet dated 18.06.2023, the summoning order dated 27.06.2023, and the entire proceedings of Criminal Case No. 594 of 2023 (Case Crime No. 0098 of 2021, “State vs. Yogendra Rawat”, for offences punishable under Sections 420 and 120B of the Indian Penal Code, 1860 and under Section 66D of the Information Technology Act, 2000, registered at Police Station Selaqui, District Dehradun, pending before the Court of the learned Judicial Magistrate, Vikasnagar, District Dehradun. 5. Along with the present application under Section 528, a joint Compounding Application (I.A. No. 1 of 2025) has been filed and signed by the parties, duly supported by separate affidavits. 6. The Applicant No. 1- Yogendra Rawat and Respondent No. 2-Vikram Singh Negi are present before the Court in-person and are duly identified by their respective counsels. 7. The Court also interacted with Respondent No. 2 regarding the compromise. He fairly conceded that he has no objection if the compounding application is
2025:UHC:5270 allowed. 8. Heard learned counsel for the parties and perused the material available on record. 9. In light of the legal principles laid down by the Hon’ble Apex Court in “Gian Singh vs. State of Punjab, (2012) 10 SCC 303”, and “Dimpey Gujral vs. Union Territory of Chandigarh”, Transfer Petition (Criminal) No. 115 of 2012, decided on 06.12.2012, this Court holds that criminal proceedings may be quashed if the matter has been amicably settled between the parties and they are inclined to restore peace and harmony. 10. Per contra, learned State Counsel raised a preliminary objection, stating that some of the offences sought to be compounded are non-compoundable. 11.
Considering the overall facts and circumstances of the case, this Court is of the view that the ends of justice would be met by quashing the entire proceedings of Criminal Case No. 594 of 2023 (Case Crime No. 0098 of 2021, “State vs. Yogendra Rawat”, for offences punishable under Sections 420 and 120B of the Indian Penal Code, 1860 and under Section 66D of the Information Technology Act, 2000, registered at Police Station Selaqui, District Dehradun, pending before the Court of the learned Judicial Magistrate, Vikasnagar, District Dehradun. 12. Accordingly, the Compounding Application is allowed. The entire proceedings of Criminal Case No. 594 of 2023 (Case Crime No. 0098 of 2021, “State vs. Yogendra Rawat”, for offences punishable under Sections 420 and 120B of the Indian Penal Code, 1860 and under Section 66D of the Information Technology Act, 2000, registered at Police Station Selaqui, District Dehradun, pending before the Court of the learned
2025:UHC:5270 Judicial Magistrate, Vikasnagar, District Dehradun, are hereby quashed. 13. The Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is accordingly disposed of. (Ashish Naithani, J.) 23.06.2025 Shiksha SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c 24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A5 42D7FF0A9BED00E67B5283D205F18FE29BDF 5DD9, cn=SHIKSHA BINJOLA Date: 2025.06.23 14:40:36 +05'30'
2025:UHC:5270