Extracted from the PDF above. The PDF is authoritative.
2025:UHC:5831 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
IA No.01 of 2025 (Compounding Application) In C-528 No. 790 of 2025
Hon’ble Ashish Naithani, J.
Mr. Kaushal Sah Jagati, learned counsel for the Applicant.
2. Mr. G. C. Joshi, learned AGA for the State.
3. Mr. Naveen Singh Bisht, learned counsel for respondent no.3.
4. In the present Application filed under Section 528 of Bhartiya Nagarik Suraksha Sanhita, 2023, the Applicant wishes to quash/set- aside the entire proceedings of Criminal Case No. 1199 of 2024 (FIR No. 215 of 2022) titled as
“State vs. Gyan Prakash & Others” for the offences punishable under Sections 420, 467, 468, 471, 504 & 506 of IPC, Police Station Transit Camp, District Udham Singh Nagar, pending in the court of learned Additional Chief Judicial Magistrate/1st Additional Civil Judge (Senior Division), Rudrapur, District Udham Singh Nagar in view of the compromise arrived at between the parties.
5. As per the order dated 23.06.2025 passed by this Court, whereby it had been noted that
“Learned State counsel makes a statement that there are other parties also involved in present matter amongst whom, one is absconding,
2025:UHC:5831 therefore, the matter cannot be compounded at this stage”.
6.
Learned counsel for the Applicant makes a statement that the absconding person is known by name as Imran and has been grouped in other matter also, therefore, matter may be decided qua the Applicant, to which the learned counsel for the Respondent no.3/complainant asserts the
submissions as made by learned counsel for the Applicant, whereas learned State counsel poses his formal objection in this regard.
7. Along with C-528 application, a compounding application has been signed by the parties and has been filed, which is duly supported by separate affidavits of applicant and private respondent no.3. The Applicant, Gyan Prakash Singh and respondent no.3, Akshay Gaba are present before this Court through V.C., who are identified by their respective counsel.
8.
Learned counsel for the parties have filed the Compounding Application stating therein that they have settled their dispute and further an agreement was executed between the Firm of informant and petitioner and obtained Rs. 38,00,000/- (Thirty Eight Lacs) from him. Since the respondent no.3/complainant does not want to pursue the present case, therefore, the proceedings initiating out of the F.I.R. in question may be quashed.
2025:UHC:5831
9. In view of the above, Compounding Application (IA No.01 of 2025) is allowed. As a consequence thereof, the entire proceedings of Criminal Case No. 1199 of 2024 (FIR No. 215 of 2022) titled as “State vs. Gyan Prakash & Others” for the offences punishable under Sections 420, 467, 468, 471, 504 & 506 of IPC, Police Station Transit Camp, District Udham Singh Nagar, pending in the court of learned Additional Chief Judicial Magistrate/1st Additional Civil Judge (Senior Division), Rudrapur, District Udham Singh Nagar, are hereby quashed qua the Applicant.
10. Present Criminal Misc. Application u/s 528 of B.N.S.S. is, thus, disposed of in terms of the compromise arrived at between the parties.
(Ashish Naithani, J.)
07.07.2025 Akash