VIMAL SONKAR ALIAS VIMAL AND ORS v. STATE OF UTTARAKHAND
C528/1758/2025 · 2026-02-09
Alok Mahra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 72 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 72 (UTT) · dailylaw.ai ]
Judgment text
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No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
C-528 No. 1758 of 2025 Hon’ble Alok Mahra, J.
Mr. Abhishek Joshi, learned counsel for the applicants. 2. Mr. K.S. Bora, learned D.A.G. for the State. 3. Ms. Reema Rana, learned counsel for respondent no. 2. 4. Present C-528 application is filed with the prayer to set-aside/quash the charge- sheet dated 30.09.2022, cognizance order dated 01.10.2022 as well as the entire proceedings of Sessions Trial No. 178 of 2022, State Vs. Vimal Sonkar and Others, under Section 306 of IPC, pending in the court of learned Additional District and Sessions Judge, Khatima, District Udham Singh Nagar, on the basis of compromise between the parties. 5. Compounding application (IA/1/2025) is also filed in the matter wherein it is prayed to compound the offence between the parties under Sections Section 306 of IPC. 6. Learned counsel for the applicants submits that offence under Section 306 IPC is not made out in view of the judgment of the Hon’ble Supreme Court in the case of Mohit Singhal and another Vs. State of Uttarakhand and Others, (2024) 1 SCC 417. Learned counsel for the applicants further submits that it is not a case which may not be compounded. It is not such heinous or grievous offence. 7. In the case of State of Madhya Pradesh Vs. Laxmi Narayan and Others (2019) 5 SCC 688, the Hon’ble Supreme Court, in paragraph 15.2, has noted that in certain categories of cases, which are heinous and serious, compounding should not be permitted. Instant is not a case of such gravity, which may attract the category of cases as given in paragraph 15.2 of the judgment in the case of Laxmi Narayan (supra). 8. Learned counsels for the parties submit that the parties have amicably settled their dispute and have entered into a compromise. They do not want to proceed with the case now. 9. Parties are present through video conferencing before this Court and are duly identified by their respective counsel. Parties have also filed their respective affidavits stating the facts of compromise between them. 10.
Hon’ble Supreme Court, in a catena of its judgments, has observed that in cases where because of the compromise arrived at between the parties, possibility of conviction is remote and bleak, the High Court may quash the criminal proceedings as continuation of the same would cause great prejudice and injustice to the accused. 11. Following the aforesaid ratio, present compounding application (IA/1/2025) is allowed. The offences between the parties are permitted to be compounded. As a result, the entire proceedings of Sessions Trial No. 178 of 2022, State Vs. Vimal Sonkar and Others, under Section 306 of IPC, pending in the court of learned Additional District and Sessions Judge, Khatima, District Udham Singh Nagar,
are hereby quashed qua the applicants. FIR and charge-sheet filed pursuant thereto stand quashed. 12. C-528 application stands disposed of in the aforesaid terms. (Alok Mahra J.)
09.02.2026 Ujjwal