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2025 DAILYLAW 6496 (UTT)

AJAY WALIA v. STATE OF UTTARAKHAND

C528/641/2025 · 2025-06-18

Ashish Naithani

body2025

Judgment text

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2025:UHC:5097 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS IA No.01 of 2025 (Compounding Application) In C-528 No. 641 of 2025 Hon’ble Ashish Naithani, J. Mr. Nalin Saun, learned counsel for the Applicant. 2. Mr. Vipul Painuly, learned AGA assisted by Mr. Chitrarth Kandpal, learned Brief Holder for the State. 3. Mr. Tejas Aggarwal, learned counsel holding brief of Mr. Subhash Joshi, learned counsel for respondent no.2. 4. This criminal misc. application is filed under Section 528 of B.N.S.S. by the Applicant for quashing of the impugned charge-sheet dated 09.12.2014, cognizance/summoning order dated 19.01.2016, as well as the entire proceedings of Case No.275 of 2016, titled as “State vs. Ajay Walia” pending in the court of Chief Judicial Magistrate, District Dehradun for the offence punishable under Sections 336, 279, 337 & 506 of IPC, at P.S. Doiwala, District Dehradun, in view of the compromise arrived at between the parties. 5. As per the order-sheet dated 20.05.2025, learned counsel for the Respondent no.2 and learned counsel for petitioner had submitted before the Court that the matter has amicably been settled between the parties and that respondent no.2 does not want to prosecute the petitioner and in this light, a Compounding Application (IA No.01 of 2025) alongwith affidavits of the petitioner and respondent no.3 had been filed before the Court; directions were passed by the Coordinate Bench that the parties to appear before the Secretary, District Legal Services Authority, Dehradun, who in turn would take their Aadhar Cards for identification and will verify and authenticate the contents of the 2025:UHC:5097 compounding application by recording the statements of the parties. 6. Learned Secretary, District Legal Services Authority, Dehradun has submitted his report dated 04.06.2025, which is part of the record, which clearly indicates that the parties have settled the dispute amicably and they do not want to agitate the matter further and have also verified the contents of the compromise. 7. In view of the above, Compounding Application (IA No.01 of 2025) is allowed. As a consequence thereof, the impugned charge-sheet dated 09.12.2014, cognizance/summoning order dated 19.01.2016, as well as the entire proceedings of Case No.275 of 2016, titled as “State vs. Ajay Walia” pending in the court of Chief Judicial Magistrate, District Dehradun for the offence punishable under Sections 336, 279, 337 & 506 of IPC, at P.S. Doiwala, District Dehradun are hereby quashed. 8. Present Criminal Misc. Application u/s 528 of B.N.S.S. is, thus, disposed of in terms of the compromise arrived at between the parties. (Ashish Naithani, J.) 18.06.2025 Akash