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2025 DAILYLAW 6015 (UTT)

AKHILESH KUMAR v. STATE OF UTTARAKHAND

C528/563/2025 · 2025-05-14

Vivek Bharti Sharma

body2025

Judgment text

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2025:UHC:3888 1 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc Application No. 563 of 2025 Akhilesh Kumar ……..Petitioner Versus State Of Uttarakhand and Others ..….Respondents ---------------------------------------------------------------------- Presence:- Mr. Gaurav Panwar, proxy counsel for Ms. Prabha Naithani, learned counsel for the petitioner. Mr. Deepak Bisht, learned Deputy A.G. along with Mr. Prabhat Kandpal, learned Brief Holder for the State. Mr. Vishal Vikram Singh, learned counsel for respondent nos.2 & 3. ---------------------------------------------------------------------- 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 11.07.2023 passed in Special Sessions Trial No. 26 of 2023 under Sections 363, 366(A), 376 and 3/4 of the Protection of Children from Sexual Offences Act, 2012 pending in the court of learned Special Sessions Judge, Chamoli 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 02.05.2025, had 2025:UHC:3888 2 directed the parties to appear before the Secretary, District Legal Services Authority, District Chamoli in order to get their statements recorded and to verify the compromise deed. 3. Pursuant to such order, Member Secretary, District Legal Services Authority, District Chamoli has submitted the report dated 09.05.2025 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 11.07.2023 passed in Special Sessions Trial No. 26 of 2023 under Sections 363, 366(A), 376 and 3/4 of the Protection of Children from Sexual Offences Act, 2012 pending in the court of learned Special Sessions Judge, Chamoli as well as the entire proceedings of the above case are hereby quashed qua the petitioners. 5. Present petition is disposed of in terms of compromise arrived at between the parties. (Vivek Bharti Sharma, J.) 14.05.2025 Mamta