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2025 DAILYLAW 5544 (UTT)

DEEPAK SINGH MAHAR v. STATE OF UTTARAKHAND

C528/506/2025 · 2025-05-14

Vivek Bharti Sharma

body2025

Judgment text

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2025:UHC:3886 1 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc Application No. 506 of 2025 Deepak Singh Mahar .…….Petitioner Versus State Of Uttarakhand and Another …..Respondents ---------------------------------------------------------------------- Presence:- Mr. Devesh Upreti, learned counsel for the petitioner. Mr. Akshay Latwal, learned A.G.A. along with Mr. Prabhat Kandpal, learned Brief Holder for the State. Mr. Jitendra Kumar, learned counsel for respondent no.2. Dated : 14.05.2025 Hon'ble Vivek Bharti Sharma, J. This petition is filed by the petitioner/accused for quashing of the impugned charge sheet, cognizance/summoning order dated 01.02.2022 passed in Special Sessions Trial No. 13 of 2022 under Sections 363, 366, 376 I.P.C. read with Section 5(1)/6 of POCSO Act pending in the court of learned Special Sessions Judge, Champawat as well as the entire proceedings of the above case qua the petitioner, in view of the compromise arrived at between the parties. 2. In view of the fact that a Compounding Application (IA 2 of 2025) was filed by the parties, this Court, vide order dated 24.04.2025, had directed the parties to appear before the Secretary, District Legal Services Authority, Champawat in order to get their statements 2025:UHC:3886 2 recorded and to verify the compromise deed. 3. Pursuant to such order, Member Secretary, District Legal Services Authority, Champawat has submitted the 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 deed. 4. In view of the above, Compounding Application (IA No.1/2025) is hereby allowed. As a consequence thereof, the cognizance/summoning order dated 01.02.2022 passed in Special Sessions Trial No. 13 of 2022 under Sections 363, 366, 376 I.P.C. read with Section 5(1)/6 of POCSO Act pending in the court of learned Special Sessions Judge, Champawat as well as the entire proceedings of the above case are hereby quashed qua the petitioner. 5. Present petition is disposed of in terms of compromise arrived at between the parties. (Vivek Bharti Sharma, J.) 14.05.2025 Mamta