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2025 DAILYLAW 7297 (UTT)

AKASH KUMAR AND ANR v. STATE OF UTTARAKHAND

C528/752/2025 · 2025-06-16

Ashish Naithani

body2025

Judgment text

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SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 2025:UHC:4992 IA No.1 of 2025 (Compounding Application) In C528 No.752 of 2025 Hon’ble Ashish Naithani, J. Mr. D.P. Mittal, learned counsel for the Applicants. 2. Mr. Vipul Painuly, learned AGA for the State of Uttarakhand. 3. Mr. Nalin Saun, learned counsel holding brief of Mr. Shubhr Rastogi, learned counsel for the private respondent no.2. 4. The present Application has been filed under Section 528 of the Bhartiya Nagarik Suraksha (Second) Sanhita, 2023, to quash the cognizance and summoning order dated 21.06.2023 and the entire proceedings of Criminal Case No.487 of 2023, “State of Uttarakhand Vs. Suresh Singh and others”, under Sections 147, 323, 504 and 506 of IPC, pending in the court of learned Judicial Magistrate/Civil Judge, Jaspur, District Udham Singh Nagar. 5. Along with C482 application, a compounding application has been signed by the parties and has been filed, which is duly supported by separate affidavits of applicants and private respondent no.2. Applicants and respondent no.2 are present before this Court, who are identified by their respective counsels. 6. 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. 7. Heard learned counsel for the parties and perused the material available on record. 8. The coordinate Bench of this Court vide order 05.06.2025, had directed the Secretary, District Legal Services Authority, Rudrapur, District Udham Singh Nagar, to file a report before this Court in this regard. The Secretary, District Legal Services Authority, Rudrapur, District Udham Singh Nagar, 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. 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 summoning order dated 21.06.2023 as well as the entire proceedings of Criminal Case No.487 of 2023, “State of Uttarakhand Vs. Suresh Singh and others”, under Sections 147, 323, 504 and 506 of IPC, pending in the court of learned Judicial Magistrate/Civil Judge, Jaspur, District Udham Singh Nagar, are hereby quashed. 11. In view of the above, the compounding application is allowed. The entire proceedings of Criminal Case No.487 of 2023, “State of Uttarakhand Vs. Suresh Singh and others”, under Sections 147, 323, 504 and 506 of IPC, pending in the court of learned Judicial Magistrate/Civil Judge, Jaspur, District Udham Singh Nagar, are hereby quashed 12. The Criminal Miscellaneous Application, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly. 13. Let a certified copy of this order be issued today itself on payment of usual charges. (Ashish Naithani, J) 16.06.2025 Nitesh/