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2025 DAILYLAW 5909 (UTT)

PREM CHAND GUPTA AND ANR v. STATE OF UTTARAKHAND

C528/547/2025 · 2025-05-08

Vivek Bharti Sharma

body2025

Judgment text

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2025:UHC:3705 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc Application No. 547 of 2025 08 May, 2025 Prem Chand Gupta & Anr. --Petitioners Versus State of Uttarakhand & Anr. --Respondents ---------------------------------------------------------------------- Presence:- Mr. Vipul Sharma, Advocate for the petitioners. Mr. Deepak Bisht, learned D.A.G. for the State. Mr. Maneesh Bisht, Advocate for the 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 for quashing of the summoning order dated 10.03.2025, charge-sheet dated 03.02.2025 as well as the entire proceedings of Criminal Case No.611 of 2025 titled as “State of Uttarakhand vs. Prem Chand Gupta & Anr” pending in the court of learned Additional Chief Judicial Magistrate, Haldwani District Nainital under Sections 106(1) of B.N.S.S., P.S. Kotwali Haldwani, District Nainital qua the petitioners/accused, in view of the compromise arrived at between the parties. 1 2025:UHC:3705 2. In view of the fact that a Compounding Application (IA No. 01 of 2025) was filed by the parties before this Court, this Court vide order dated 30.04.2025 had directed the parties to appear before the Secretary, Tehsil Legal Services Authority, Haldwani District Nainital in order to get their statements recorded and to verify the compromise deed. 3. Pursuant to such order, the Secretary, Tehsil Legal Services Authority, Haldwani District Nainital 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. 4. In view of the above, Compounding Application (IA No.1 of 2025) is allowed. As a consequence thereof, the summoning order dated 10.03.2025, charge-sheet dated 03.02.2025 as well as the entire proceedings of Criminal Case No.611 of 2025 titled as “State of Uttarakhand vs. Prem Chand Gupta & Anr” pending in the court of learned Additional Chief Judicial Magistrate, Haldwani District Nainital under Sections 106(1) of B.N.S.S., 2 2025:UHC:3705 P.S. Kotwali Haldwani, District Nainital is hereby quashed qua the petitioners. 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.) 08.05.2025 Akash 3