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2025 DAILYLAW 5157 (UTT)

SHUBHAM MISHRA v. STATE OF UTTARAKHAND

C528/466/2025 · 2025-05-15

Vivek Bharti Sharma

body2025

Judgment text

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2025:UHC:3997 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc Application No.466 of 2025 15 May, 2025 Shubham Mishra --Petitioner Versus State of Uttarakhand and Another --Respondent ---------------------------------------------------------------------- Presence:- Mr. Sumit Joshi, Advocate for the petitioner. Mr. Deepak Bisht, Deputy Advocate General for the State. Mr. Ankush Kumar Tyagi, Advocate for respondent no.2. ---------------------------------------------------------------------- Hon'ble Vivek Bharti Sharma, J. This criminal misc. application is filed under Section 528 of B.N.S.S. by the petitioners/accused with prayer to quash impugned charge-sheet no.1 dated 19.09.2023 and impugned cognizance/summoning order dated 09.04.2024 passed by learned Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal in Criminal Case No.1754/2024, “State Vs. Shubham Mishra” (FIR No.152/2023), under Section 506 of IPC and under Section 66(C) of I.T. Act, P.S. Kotdwar, District Pauri Garhwal, in view of the compromise arrived at between the parties. 2. In view of the fact that a Compounding Application was filed by the parties before this Court, this Court vide order dated 29.04.2025 had directed the 1 2025:UHC:3997 parties to appear before the Secretary, TLSA, Kotdwar, District Pauri Garhwal in order to get their statements recorded and to verify the compromise deed. 3. Pursuant to such order, the Secretary, TLSA, Kotdwar, District Pauri Garhwal has submitted his report dated 01.05.2025 which clearly indicates that the parties have settled the dispute amicably and have also verified the contents of the compromise. 4. In view of the above, Compounding Application (IA No.1 of 2025) is allowed. As a consequence thereof, the entire proceeding of Criminal Case No.1754/2024, “State Vs. Shubham Mishra” (FIR No.152/2023), under Section 506 of IPC and under Section 66(C) of I.T. Act, P.S. Kotdwar, District Pauri Garhwal, pending in the court of learned Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal is hereby quashed qua the petitioner. 5. Present petition u/s 528 of B.N.S.S. is, thus, disposed of in terms of the compromise arrived at between the parties. (Vivek Bharti Sharma, J.) 15.05.2025 SS 2