Extracted from the PDF above. The PDF is authoritative.
2025:UHC:3887 1
HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc Application No. 518 of 2025
Rakesh Kumar ………..Petitioner Versus
State Of Uttarakhand and Others .…..Respondents ---------------------------------------------------------------------- Presence:- Mr. Anoop Jaiswal, learned counsel for the petitioner through Video Conferencing. Mr. Akshay Latwal, learned A.G.A. along with Mr. Prabhat Kandpal, learned Brief Holder for the State. Mr. R.K. Rawat, 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 15.05.2024 passed in Special Sessions Trial No. 398 of 2024 under Sections 363, 366, 376 I.P.C. and Section 5 and 6 of POCSO Act pending in the court of learned F.T.C./Additional Sessions Judge/Special Judge POCSO, Rudrapur, District Udham Singh Nagar 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 1 of 2025) was filed by the parties, this Court, vide order dated 29.04.2025, had
directed the parties to appear before the
2025:UHC:3887 2 Secretary, District Legal Services Authority, Rudrapur, District Udham Singh Nagar in order to get their statements recorded and to verify the compromise deed.
3.
Pursuant to such
order, Member Secretary, District Legal Services Authority, Rudrapur, District Udham Singh Nagar has submitted the report dated 02.05.2025 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 15.05.2024 passed in Special Sessions Trial No. 398 of 2024 under Sections 363, 366, 376 I.P.C. and Section 5 and 6 of POCSO Act pending in the court of learned F.T.C./Additional Sessions Judge/Special Judge POCSO, Rudrapur, District Udham Singh Nagar 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