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2025:UHC:7219 SL. No . Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
C-528 No. 658 of 2025 Hon’ble Ashish Naithani, J.
Mr. Mani Kumar, learned counsel for the Applicant. 2. Mr. Akshay Latwal, learned A.G.A. for the State of Uttarakhand. 3. Mr. Manoj Bhatt, learned counsel holding brief of Mr. Amit Kapri, learned counsel for Respondent Nos. 2 to 5. 4. The present Criminal Misc. Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the Applicant- Rahul Kumar Upadhyay against the Respondents, in particular, Respondent No. 2 - Gagendra Singh Soun S/o Late Ram Singh, with the prayer to quash the charge-sheet No. 107 of 2024 dated 06.12.2024, under Sections 120B, 323, 344, 346, 347, 367, 374, 386, 419, 420, and 506 IPC, the summoning order dated 12.12.2024, passed by the learned Chief Judicial Magistrate, Champawat in Criminal Case No. 2248 of 2024, “State vs. Jai Deep Ramji Tukdiya and others” under the jurisdiction of Police Station Banbasa, District Champawat, along with the entire proceedings of Criminal Case No. 104 of 2025, “State vs. Rahul Kumar”, pending before the learned Chief Judicial Magistrate, Champawat. 5. Along with the C-528 Application, a Compounding Application (IA No. 01 of 2025, Paper No. 27) has also been filed, which is supported by affidavits. The said Compounding Application is annexed with the signatures of the parties. The said
2025:UHC:7219 Application is endorsed by the learned counsels for the parties respectively — Mr. Deep Prakash Bhatt and Mr. Mani Kumar, learned counsels for the Applicant, and Mr. Amit Kapri, learned counsel for Respondent Nos. 2 to 5. Both the parties, the Applicant and Respondent Nos. 2 to 5, make a submission that they have arrived at a compromise and wish to proceed with the Compounding Application, and request that the matter be disposed of on that basis. 6. The parties are present in-person and are being identified by their respective counsels. 7.
Upon interacting with the parties, it appears that the present Criminal Proceedings arise from an incident involving a missing report filed by Respondent No. 2 regarding his missing son, listed as Respondent No. 3 - Lalit Singh Soun, who stated that he had sought help from a friend regarding employment abroad, whereby a person named Jai Deep abducted and lured him to Thailand for some kind of job. He was then illegally transferred to Myanmar to engage in certain shady (illegal) activities related to cryptocurrency, where his job was to search for clients and rope them into illegal activity. 8. Respondent No. 2 further states that, somehow, with the help of the Indian Embassy in Myanmar, they were rescued and managed to return to India. Lalit’s story is supported and asserted by Respondent No. 4 and Respondent No. 5. They also state that they were persuaded and lured with the promise of a job in Thailand but were ultimately smuggled into illegal work. The person responsible for getting them into
2025:UHC:7219 this mess is a person known as Jaideep, who is facing trial in the present matter. 9. Now, besides Lalit Singh Soun, Kamlesh Singh, and Vikas Singh, a fourth person comes into the picture, i.e., Rahul, who was working in Dubai and was a friend of the above trio — Lalit Singh Soun, Kamlesh Singh, and Vikash Singh. They initially sought help from Rahul regarding employment abroad. He was working in Dubai and introduced them to the person Jaideep. 10. Since the story broke out, there was a lookout notice for the Applicant - Rahul Kumar Upadhyay. He was arrested at Indira Gandhi International Airport, Delhi, while returning from Dubai. 11. Now, the Applicant and Respondent Nos. 2 to 5 wish to settle the matter. 12. The learned State Counsel strongly objects to the said Compounding Application, contending that the matter is non-compoundable and that the compounding should be rejected.
13. After interacting with the Applicant and Respondent Nos. 2 to 5, this Court is of the opinion that they deserve a second lease of life and an opportunity to start afresh. 14. Considering the overall facts and circumstances of the case, this Court is of the view that the ends of justice would be met by quashing the charge-sheet No. 107 of 2024 dated 16.12.2024, under Sections 120B, 323, 344, 346, 347, 367, 374, 386, 419, 420 and 506 IPC, the summoning order dated 12.12.2024, passed by learned Chief Judicial Magistrate, Champawat in Criminal Case No. 2248 of 2024, “State vs. Jai Deep Ramji Tukdiya and Others”
2025:UHC:7219 registered at Banbasa, District Champawat along with the entire proceedings of Criminal Case No. 104 of 2025, “State vs. Rahul kumar, pending before the learned Chief Judicial Magistrate, Champawat. 15. Accordingly, the Compounding Application is allowed. The entire proceedings of charge-sheet No. 107 of 2024 dated 16.12.2024, under Sections 120B, 323, 344, 346, 347, 367, 374, 386, 419, 420 and 506 IPC, the summoning order dated 12.12.2024, passed by learned Chief Judicial Magistrate, Champawat in Criminal Case No. 2248 of 2024,
“State vs. Jai Deep Ramji Tukdiya and Others” registered at Banbasa, District Champawat along with the entire proceedings of Criminal Case No. 104 of 2025, “State vs. Rahul kumar, pending before the learned Chief Judicial Magistrate, Champawat, are hereby quashed qua the present Applicant. 16. The Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is accordingly disposed of. (Ashish Naithani, J.) 14.08.2025 Shiksha SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18FE29BDF 5DD9, cn=SHIKSHA BINJOLA Date: 2025.08.14 19:05:23 +05'30'
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