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2025:UHC:5704 SL. No . Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
C-528 No. 549 of 2025 Hon’ble Ashish Naithani, J.
Mr. Vaibhav Singh Chauhan, learned counsel for the Applicants. 2. Mr. Vipul Painuli, learned A.G.A. for the State of Uttarakhand. 3. Mr. Ankit Rana, learned counsel holding brief of Mr. Ankur Sharma, learned counsel for the Respondent Nos. 2 to 4. 4. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the Applicants against Respondent No. 2 seeking quashing of the charge sheet dated 31.10.2022, the summoning order dated 10.10.2023 and the entire proceedings of Criminal Case No. 1308 of 2023, “State of Mangeram and Others,” for offence punishable under Sections 147, 149, 323, 504 and 506 of the Indian Penal Code, 1860, pending in the Court of the learned Additional Chief Judicial Magistrate, Laksar, District Haridwar. 5. Along with the present application under Section 528, a joint Compounding Application (I.A. No. 1 of 2025) has been filed and signed by the parties, duly supported by their separate affidavits, wherein it is stated that the parties have entered into a compromise and request that, in this light, the matter may be compounded. 6. As per the order sheet dated 30.04.2025, the Coordinate Bench directed the parties to appear before the Secretary, District Legal Services Authority, District Haridwar on 05.05.2025, who, in turn, would take their Aadhaar Cards for identification and also verify and
2025:UHC:5704 authenticate the contents of the compounding application by recording their statements. Further directions were made for submitting the report of the learned Secretary, District Legal Services Authority, District Haridwar before the next date of listing. 7. Today, Applicant Nos. 1 to 6- Mangeram, Sonit Kumar, Rahul Kumar, Smt. Daya Devi, Kumari Komal and Hari Singh are appearing through video conferencing before the Court and are duly identified by Mr. Vaibhav Singh Chauhan, Advocate. Respondent Nos. 2 to 4- Neeraj, Smt. Pooja and Sachin are also appearing through video conferencing before the Court and are duly identified by Mr. Ankit Rana, Advocate. 8. Heard learned counsel for the parties and perused the material available on record. 9.
In light of the legal principles laid down by the Hon’ble Apex Court in Gian Singh vs. State of Punjab, (2012) 10 SCC 303, and Dimpey Gujral vs. Union Territory of Chandigarh, Transfer Petition (Criminal) No. 115 of 2012, decided on 06.12.2012, this Court holds that criminal proceedings may be quashed if the matter has been amicably settled between the parties and they are inclined to restore peace and harmony. 10. Per contra, the learned State Counsel raised a preliminary objection, contending that some of the offences are non-compoundable. 11. Considering the overall facts and circumstances of the case, this Court is of the view that the ends of justice would be met by quashing the entire proceedings of Criminal Case No. 1308 of 2023, “State of Mangeram and Others,” for offence punishable under Sections 147, 149, 323, 504 and 506 of the Indian Penal Code, 1860, pending in the Court of the learned
2025:UHC:5704 Additional Chief Judicial Magistrate, Laksar, District Haridwar. 12. Accordingly, the Compounding Application is allowed. The entire proceedings of Criminal Case No. 1308 of 2023, “State of Mangeram and Others,” for offence punishable under Sections 147, 149, 323, 504 and 506 of the Indian Penal Code, 1860, pending in the Court of the learned Additional Chief Judicial Magistrate, Laksar, District Haridwar, are hereby quashed. 13. The Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is accordingly disposed of. (Ashish Naithani, J.) 03.07.2025 Shiksha SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd4 0bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283 D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.07.04 17:32:03 +05'30'
2025:UHC:5704