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2025 DAILYLAW 6226 (UTT)

SATYAJEET BISWAS v. STATE OF UTTARAKHAND

C528/586/2025 · 2025-07-08

Ashish Naithani

body2025

Judgment text

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2025:UHC:5888 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS (Compounding Appl. No.02 of 2025) In C528 No.586 of 2025 Hon’ble Ashish Naithani, J. Mr. Mukesh Rawat, learned counsel for the Applicant. 2. Mr. Girish Chandra Joshi, learned AGA assisted by Mr. Prabhat Kandpal, learned Brief Holder for the State. 3. Mr. Shubham Mehra, learned counsel for respondent no.2. 4. Present application has been filed by the Applicant under Section 528 of B.N.S.S. alongwith compounding application and the same is supported with the affidavits of Applicant and respondent no.2. 5. Applicant as well as respondent no.2 are present in the Court. They are duly identified by their respective counsel. 6. By means of this C528 application, Applicant has sought quashing of the Charge sheet No.01 of 2023 dated 09.04.2023, cognizance/summoning order dated 03.07.2023 as well as the entire proceedings of Criminal Case No.1693 of 2023, State vs. Satyajeet Biswas and Another for the offence punishable under Section 420 of IPC pending in the court of Learned Judicial Magistrate 2nd Rudrapur, District Udham Singh Nagar qua the Applicant. 7. Learned counsel for the parties have filed their respective affidavits along with the compounding application stating therein that they do not wish to pursue the present criminal case any further and a compromise has been entered between them. 8. Learned State Counsel has raised a preliminary objection that some of the offences are 2025:UHC:5888 not compoundable. 9. Heard learned counsel for the parties and perused the material available on record. 10. The Coordinate Bench of this Court vide order dated 22.05.2025 had directed the Secretary, District Legal Services Authority, District Udham Singh Nagar to file a report before the next date of listing. The Secretary, District Legal Services Authority, District Udham Singh Nagar, had filed a report qua the Applicant, and submits a report that the parties have settled their dispute and they do not want to pursue the matter, any further. 10. In view of the principle of law laid down by Ho’ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303, criminal proceedings can be quashed by this Court, if this Court is satisfied that matter has been settled between the parties amicably and parties are interest to restore peace and harmony between them. 11. Having heard learned counsel for the parties and in view of the above, the compounding application is allowed. The Charge sheet No.01 of 2023 dated 09.04.2023 (FIR No.187 of 2022 dated 11.11.2022), cognizance/summoning order dated 03.07.2023 as well as the entire proceedings of Criminal Case No.1693 of 2023, State vs. Satyajeet Biswas and Another for the offence punishable under Section 420 of IPC pending in the court of Learned Judicial Magistrate 2nd Rudrapur, District Udham Singh Nagar qua the Applicant are hereby quashed. 12. Accordingly instant Criminal Misc. Application stands disposed of. (Ashish Naithani, J.) 08.07.2025 Arti ARTI SINGH Digitally signed by ARTI SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE2521F982, cn=ARTI SINGH Date: 2025.07.10 10:21:36 +05'30'