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2025 DAILYLAW 6086 (UTT)

BHUPESH ALIAS BHUPENDRA SINGH KARMYAL AND ANR v. STATE OF UTTARAKHAND

C528/581/2025 · 2025-07-30

Ashish Naithani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C482 No.581 of 2025 Hon’ble Ashish Naithani, J. Mr. Amish Tewari, learned counsel for the Applicants. 2. Mr. N.S. Kanyal, learned AGA for the State. 3. Present C528 Application has been filed by the Applicants for quashing the order dated 18.07.2024 and 07.01.2025 passed by the court of learned Chief Judicial Magistrate, Bageshwar, District Bageshwar as well as entire proceedings of Criminal Case No.97 of 2016 (new no.347 of 2016) State vs. Dayal Singh & others for the offence punishable under Sections 376, 366, 368, 343, 120-B & 365 of IPC pending in the court of learned Chief Judicial Magistrate Bageshwar, District Bageshwar 4. Learned counsel for the Applicants submits that considering the statement of the prosecutrix and also her statement under Section 164 of Cr.P.C. whereby no major allegations were made against the Applicant /accused-Dayal Singh regarding the offence under Section 376 IPC and a final report was furnished before the learned trial court with the averments that no case is made out. 5. The Applicant and Respondent no.2/prosecutrix along with her brother-Surendra Singh Danu are present in the Court. They are duly identified by their respective counsel. 6. Learned counsel for the Applicant submits that the instant Application is on the similar facts and circumstances as in C528 Application No.232 of 2024 in which compromise has been entered between the parties. Therefore, he prayed the proceedings of this Application may also be quashed in the light of C528 Application No.232 of 2024. 7. Learned State counsel has opposed the instant Application and submits that some of the offences are not compoundable. 8. Heard learned counsel for the parties and perused the material available on record. 9. Having heard learned counsel for the parties and in view of the above the entire proceedings of Criminal Case No.97 of 2016 (new no.347 of 2016) State vs. Dayal Singh & others for the offence punishable under Sections 376, 366, 368, 343, 120-B & 365 of IPC pending in the court of learned Chief Judicial Magistrate Bageshwar, District Bageshwar are hereby quashed. 10. Accordingly, the instant C528 Application stands disposed of in the light of C528 Application No.232 of 2024. (Ashish Naithani, J.) 30.07.2025 Arti