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2025 DAILYLAW 7017 (UTT)

AMIT RAWAT AND ANR v. STATE OF UTTARAKHAND

C528/725/2025 · 2025-07-21

Ashish Naithani

body2025

Judgment text

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SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 2025:UHC:6357 IA No.1 of 2025 (Compounding Application) In C528 No.725 of 2025 Hon’ble Ashish Naithani, J. Mr. Abhishek Joshi, learned counsel holding brief of Mr. K.K. Harbola, learned counsel for the Applicants. 2. Mr. N.S. Kanyal, learned AGA, for the State of Uttarakhand/1 and 2. 3. Mr. Dheeraj Joshi, learned counsel for the Respondent no.3. 4. In the present Application filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, the Applicants have put a challenge to the entire proceedings of Criminal Case No.280/2025, “State Vs. Avinash Chamoli and another”, under Sections 420, 467, 468, 471 and 120-B of IPC, which is pending in the court of learned Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal. 5. A report had been called by this Court from learned Secretary, DLSA, Kotdwar, Pauri Garhwal. According to the report, a settlement has been reached between the parties. Applicants and private Respondent No.3 are present before this Court through online video conferencing, who have been identified by their respective counsels. On interaction with the parties, it is evident that the parties have come into the terms of the compromise and thus grounds are sufficient for compounding application to be allowed. 6. Along with C528 application, a compounding application (IA No.1 of 2025) has been signed by the parties and has been filed, which is duly supported by separate affidavits of Applicants and private Respondent no.3. 7. Learned counsel for the parties have filed their respective affidavits along with the compounding application stating therein that they do not want to pursue the present criminal case any further and a settlement has reached between them. 8. Heard learned counsel for the parties and perused the material available on record. 9. In view of the principle of law laid down by Hon'ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303 as well as in Transfer Petition (Criminal) No. 115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, 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 interested to restore peace and harmony between them. 10. Keeping in view of the totality of the facts and circumstances of the case, this Court is of the view that ends of justice would be met, if the entire proceedings of Criminal Case No.280/2025, “State Vs. Avinash Chamoli and another”, under Sections 420, 467, 468, 471 and 120-B of IPC, which is pending in the court of learned Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal, are quashed. 11. In view of the above, the compounding application is allowed. The entire proceedings of Criminal Case No.280/2025, “State Vs. Avinash Chamoli and another”, under Sections 420, 467, 468, 471 and 120-B of IPC, which is pending in the court of learned Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal, are hereby quashed. 12. The Criminal Miscellaneous Application, filed under 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 is disposed of accordingly. (Ashish Naithani, J.) 21.07.2025 Nitesh/ NITESH RAWAT Digitally signed by NITESH RAWAT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bea38a9cb7bca67cc3988ad93d563d95c70eb77fa0ea4758e401cf436bdce9fb, postalCode=263001, st=UTTARAKHAND, serialNumber=F691686B3C447434E89897BCDC0B6567DCE4B7108B324FFED3C8A159F3BDD03C, cn=NITESH RAWAT Date: 2025.07.22 10:09:28 +05'30'