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2025 DAILYLAW 5134 (UTT)

AYUSH YADAV v. STATE OF UTTARAKHAND

C528/462/2025 · 2025-06-24

Ashish Naithani

body2025

Judgment text

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SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 2025:UHC:5333 (Compounding Appl. No.01 of 2025) In C528 No.462 of 2025 Hon’ble Ashish Naithani, J. Mr. Mukesh Rawat, learned counsel for the Applicant. 2. Mr. Vipul Painuly, learned AGA assisted by Mr. Chitrarth Kandpal, learned Brief Holder for the State. 3. Mr. Abhishek Joshi, learned counsel holding brief of Mr. Anand Singh, learned counsel for respondent nos.3 to 5. 4. Present application has been filed by the Applicant-Ayush Yadav under Section 528 of B.N.S.S. alongwith compounding application and the same is supported with the affidavits of applicant as well as respondent nos.3, 4 & 5. 5. By means of this C528 application, applicant has sought quashing of the charge sheet dated 27.10.2022, cognizance order dated 25.04.2023 as well as the entire proceedings of Criminal Case No.2106 of 2023 State vs. Surya Pratap and others, for the offence punishable under Sections 147, 323, 504, 506 & 427 of IPC registered at Police Station Tallital, District Nainital pending in the court of learned Chief Judicial Magistrate Nainital, District Nainital. 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. 8. Learned counsel for the applicant has drawn attention of this Court to the order dated 15.05.2025 passed by the Coordinate Bench of this Court wherein in para 2 & 3 of the order it is stated that “this Court vide order dated 09.04.2025 had directed the parties to appear before the Secretary, DLSA, Nainital in order to get their statements recorded and to verify the compromise deed and pursuant to such order, the Secretary, DLSA, Nainital has submitted his report dated 15.04.2025 which clearly indicates that the parties have settled the dispute amicably and have also verified the contents of the compromise. 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.2106 of 2023 State vs. Surya Pratap and others, for the offence punishable under Sections 147, 323, 504, 506 & 427 of IPC registered at Police Station Tallital, District Nainital pending in the court of learned Chief Judicial Magistrate Nainital, District Nainital are hereby quashed. 11. Accordingly instant Criminal Misc. Application stands disposed of. (Ashish Naithani, J.) 24.06.2025 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: 2025.06.26 10:21:32 +05'30'