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2025 DAILYLAW 5651 (UTT)

RAM DAS v. STATE OF UTTARAKHAND

C528/510/2025 · 2025-06-20

Ashish Naithani

body2025

Judgment text

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2025:UHC:5240 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS (Compounding Appl. No.01 of 2025) (Compounding Appl. No.02 of 2025) In C528 No.510 of 2025 Hon’ble Ashish Naithani, J. Mrs. Prabha Naithani, learned counsel for the Applicants. 2. Mr. Vipul Painuly, learned AGA assisted by Mr. Chittrarth Kandpal, learned Brief Holder for the State. 3. Mr. Vishal Vikram Singh, learned counsel holding brief of Mr. Gaurav Panwar, learned counsel for respondent nos.2 to 4. 4. Present application has been filed by the Applicants-Ram Das and Ajay Kumar under Section 528 of B.N.S.S., 2023 alongwith compounding application and the same is supported with the affidavits of applicants and respondent nos.2, 3 & 4. 5. By means of this C528 application, applicants have sought quashing of the charge sheet dated 24.02.2024, cognizance order dated 19.03.2024 in connection with FIR No.0172 of 2023 as well as the further proceedings of Criminal Case No.307 of 2024 State vs. Ram Das & others, for the offence punishable under Sections 324, 504 and 506 of IPC registered at Police Station Pulbhatta, District Udham Singh Nagar pending in the court of learned Judicial Magistrate/Civil Judge, Kiccha, District Udham Singh Nagar. 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. Learned State Counsel has opposed the compounding application. 2025:UHC:5240 8. Heard learned counsel for the parties and perused the material available on record. 9. The Coordinate Bench of this Court vide order dated 06.05.2025 had directed the Secretary, District Legal Services Authority, District Udham Singh Nagar to file a report on 03.06.2025. On 03.06.2025 the Coordinate Bench of this Court was apprised that no party or learned Advocate was present due to which it was not possible to record the statements of the parties. The Coordinate Bench of this Court again passed an order on 03.06.2025 directing the Secretary, District Legal Services Authority, District Udham Singh Nagar to file a report at the earliest, preferably within three days through the messenger of the District Court as well as via Email. The Secretary, District Legal Services Authority, District Udham Singh Nagar had filed a report that the parties have settled their dispute and they do not want to pursue the matter, any further. 10. 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. 11. Having heard learned counsel for the parties and in view of the above, both the compounding applications are allowed. The charge sheet dated 24.02.2024, cognizance order dated 19.03.2024 in connection with FIR No.0172 of 2023 as well as the further proceedings of Criminal Case No.307 of 2024 State vs. Ram Das & others, for the offence punishable under Sections 324, 504 and 506 of IPC registered at Police Station Pulbhatta, District Udham Singh Nagar pending in the court of learned Judicial Magistrate/Civil Judge, Kiccha, District Udham Singh Nagar are hereby quashed. 2025:UHC:5240 12. Accordingly instant Criminal Misc. Application stands disposed of. (Ashish Naithani, J.) 20.06.2025 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: 2025.06.23 15:25:02 +05'30'