Extracted from the PDF above. The PDF is authoritative.
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:6438
(Compounding Appl. No.01 of 2025) In C528 No.747 of 2025 Hon’ble Ashish Naithani, J.
Mr. Deep Chandra Joshi, learned counsel for the Applicants.
2. Mr. N.S. Kanyal, learned AGA and Mrs. Mamta Bisht, learned AGA for the State.
3. Mr. Pankaj Semwal, learned counsel for respondent no.2.
4. Present application has been filed by the applicant under Section 528 of B.N.S.S., 2023 alongwith compounding application and the same is supported with the affidavits of applicant and respondent no.2.
5. By means of this C528 application, applicant has sought quashing of the Criminal Case No.2836 of 2023 State of Uttarakhand vs. Maksud Ahmad and Another pending in the court of Judicial Magistrate First, Haldwani, District Nainital.
6.
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.
7. Learned State counsel has vehemently opposed the compounding application and submits that some of the offences are not compoundable.
8. Heard learned counsel for the parties and perused the material available on record.
9. The Coordinate Bench of this Court vide
order dated 09.06.2025 had directed the Secretary, Tehsil Legal Services Authority, Haldwani, District Nainital to file a report before the next date of
listing. The Secretary, Tehsil Legal Services Authority, Haldwani, District Nainital, 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.
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 cognizance order dated 14.07.2023 as well as the entire proceeding of Criminal Case No.2836 of 2023 State of Uttarakhand vs. Maksud Ahmad and Another pending the court of Judicial Magistrate First, Haldwani, District Nainital are hereby quashed.
12. Accordingly instant Criminal Misc. Application stands disposed of.
(Ashish Naithani, J.)
22.07.2025 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: 2025.07.24 16:40:58 +05'30'