Extracted from the PDF above. The PDF is authoritative.
2025:UHC:5927 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.01 of 2025) In C528 No.644 of 2025 Hon’ble Ashish Naithani, J.
Mr. Sachin Panwar, learned counsel for the Applicant.
2. Mr. Vipul Painuly, learned AGA assisted by Mr. Prabhat Kandpal, learned Brief Holder for the State.
3. Mr. M.S. Bisht,
learned counsel for respondent nos.2 & 3.
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 nos.2 & 3.
5. By means of this C528 application, Applicant has sought quashing of the charge sheet dated 20.04.2025 as well as the cognizance/summoning
order dated 09.05.2025 in Criminal Case No.955 of 2025 (Case Crime No.65 of 2025), State vs. Adil and others for the offences punishable under Section 109 of BNS, registered at Police Station Kotdwar, District Pauri Garhwal pending in the court of learned Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal.
6.
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.
7. Learned State Counsel has raised a preliminary objection that some of the offences are not compoundable.
8. Heard learned counsel for the parties and perused the material available on record.
2025:UHC:5927
9. The Coordinate Bench of this Court vide
order dated 22.05.2025 had directed the Secretary, Tehsil Legal Services Authority, Kotdwar, District Pauri Garhwal to file a report before the next date of listing. The Secretary, Tehsil Legal Services Authority, Kotdwar, District Pauri Garhwal, had filed a report qua the Applicants, 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 dated 20.04.2025 as well as the cognizance/summoning
order dated 09.05.2025 in Criminal Case No.955 of 2025 (Case Crime No.65 of 2025), State vs. Adil & others for the offences punishable under Section 109 of BNS, registered at Police Station Kotdwar, District Pauri Garhwal pending in the court of learned Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal qua the applicant, are hereby quashed.
12. Accordingly instant Criminal Misc. Application stands disposed of.
(Ashish Naithani, J.)
09.07.2025 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 10:11:32 +05'30'