Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 6067 (UTT)

HEMA PUNERA v. STATE OF UTTARAKHAND

C528/552/2025 · 2025-05-10

Daily Lok Adalat

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:3879 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528/552/2025 Hon’ble Alok Mahra, J. Mr. Amit Kapri, learned counsel for the applicant. 2. Mr. S. C. Dumka, Mr. Siddharth Bisht, Mr. Pankaj Joshi, learned AGAs and Ms. Meenakshi Sharma, Mr. Rakesh Joshi and Mr. J.P. Kandpal, learned counsel for the State. 3. Mr. Neeraj Upreti, learned counsel for the respondent no.2. 4. Mr. Mahesh Chandra Pant, learned counsel/Mediator. 5. This matter is taken up in the National Lok Adalat on 10.05.2025. Both the parties are present before the Court, duly identified by their respective counsels. 6. This C-528 Application under Section B.N.S.S. has been filed with the prayer to quash the charge-sheet, summoning order dated 12.11.2024 and the entire proceedings of Criminal Case No. 1647 of 2024, State vs. Hema Punera, for the offences punishable under Sections 323 and 75 of Juvenile Justice (Care and Protection of Children) Act, 2015, registered as Case Crime No. 96 of 2024, at P.S. Kotwali, District Pithoragarh, pending before the Court of learned Judicial Magistrate/Civil Judge (S/D), Pithoragarh, District Pithoragarh. 7. Now, both the parties have settled 2025:UHC:3879 their disputes amicably on the following terms and conditions: (i) That both parties informant Hayat Kumar who is informant of (Case Crime No. 96 of 2024), under Sections 323 IPC and Section 75 of Juvenile Justice (Care and Protection of Children) act, 2015, P.S. Kotwali, Pithoragarh, District Pithoragarh, Criminal Case No. 266 of 2024, State vs. Hema Punera, pending before the learned Civil Judge (S/D)/Judicial Magistrate, Pithoragarh, District Pithorgarh. Hayat Kumar is respondent no.2 and Hema Punera is applicant in present Criminal Misc. Application. Informant Hayat Kumar and Applicant have settled their disputes outside the Court, and as such Hayat Kumar wants to decide the present Criminal Misc. Application under Section C-528 of Bhartiya Nagrik Suraksha Sanhita 2023 on the basis of settlement between them. As per the agreement Hayat Kumar /respondent no.2 and applicant Hema Punera are from same vicinity and they have solved their disputes outside the Court and now there is no controversy is pending between them. It is therefore requested before this Hon’ble Court may kindly be compound the offences relating to Criminal Case No. 1647 of 2024, (New Criminal Case No. 266 of 2024), State vs. Hema Punera, pending before Civil Judge (S/D)/Judicial Magistrate, Pithorgarh, District Pithoragarh, under Section 323 IPC and 75 of Juvenile Justice (Care and Protection of Children) Act, 2015, Case Crime No. 96 of 2024, P.S. Kotwali, Pithoragarh, District Pithorgarh, against the applicant, otherwise the applicant shall suffer irreparable loss and injury and disposed of accordingly.” 2025:UHC:3879 8. Since the matter between both the parties have amicably been settled on the basis of compromise arrived at between them, no useful purpose would be served in continuing the present proceedings, therefore, the C-528 Application stands disposed of on the basis of settlement arrived at between the parties. 9. The settlement-deed shall form part of record. (Alok Mahra, J.) 10.05.2025 Kaushal 2025:UHC:3879