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2025 DAILYLAW 7186 (UTT)

ANKUL v. STATE OF UTTARAKHAND

C528/736/2025 · 2025-07-08

Ashish Naithani

body2025

Judgment text

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2025:UHC:5889 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.736 of 2025 Hon’ble Ashish Naithani, J. Mr. Bilal Ahmed, learned counsel for the Applicant. 2. Mr. Girish Chandra Joshi, learned AGA for the State. 3. Mr. Ashok Kumar Beniwal, learned counsel for respondent nos.2, 3 & 4. 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 & 4. 5. Father of the Applicant as well as respondent nos.2, 3 & 4 are present in the Court. They are duly identified by their respective counsel. 6. By means of this C528 application, Applicant has sought quashing of the Charge sheet dated 08.01.2025, summoning order dated 17.01.2025 as well as the entire proceedings of Session Trial No.03 of 2025 (Case Crime No.256 of 2024) for the offence punishable under Sections 109 (1), 125, 351 (2), 352 of B.N.S. & 25 Arms Act, 1959, State vs. Ankul registered at P.S. Khanpur pending in the court of ADJ Laksar, District Haridwar. 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 raised a preliminary objection that some of the offences are not compoundable. 2025:UHC:5889 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 Session Trial No.03 of 2025 (Case Crime No.256 of 2024) for the offence punishable under Sections 109 (1), 125, 351 (2), 352 of B.N.S. & 25 Arms Act, 1959, State vs. Ankul pending in the court of ADJ Laksar, District Haridwar are hereby quashed. 12. Accordingly instant Criminal Misc. Application stands disposed of. (Ashish Naithani, J.) 08.07.2025 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 10:22:00 +05'30'