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2025 DAILYLAW 6483 (UTT)

EKESHWAR CHAURASIYA ALIAS KUNAL v. STATE OF UTTARAKHAND

C482/826/2024 · 2025-09-03

Ashish Naithani

body2025

Judgment text

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SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 2025:UHC:7846 (Compounding Appl. No.02 of 2025) In C482 No.826 of 2024 Hon’ble Ashish Naithani, J. Mr. M.K. Ray, learned counsel for the Applicant. 2. Mr. Bhaskar Chandra Joshi, learned AGA for the State. 3. Mr. Pramod Kumar, learned counsel for Respondent no.2. 4. Present application has been filed by the Applicant under Section 482 of Cr.P.C. 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 C482 application, Applicant-Ekeshwar Chaurasiya @ Kunal has sought quashing of the impugned charge sheet dated 19.09.2022, cognizance/summoning order dated 04.03.2024 as well as the entire proceedings of Criminal Case No.592 of 2024 State of Uttarakhand vs. Suraj Bisht and Another under Section 383, 341, 504, 506 of IPC pending in the court of learned Additional Chief Judicial Magistrate/I Additional Civil Judge (SD), Rudrapur, District Udham Singh Nagar. 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 opposed the compounding application and submits that some of the offences are non-compoundable. 9. Heard learned counsel for the parties and perused the material available on record. 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 entire proceedings of Criminal Case No.592 of 2024 State of Uttarakhand vs. Suraj Bisht and Another under Section 383, 341, 504, 506 of IPC pending in the court of learned Additional Chief Judicial Magistrate/I Additional Civil Judge (SD), Rudrapur, District Udham Singh Nagar qua the applicant are hereby quashed. 12. Accordingly instant Criminal Misc. Application stands disposed of. (Ashish Naithani, J.) 03.09.2025 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: 2025.09.04 15:31:24 +05'30'