MOHD KHALIK ALIAS MOHD KHALID v. STATE OF UTTARAKHAND
C528/779/2025 · 2025-07-08
Ashish Naithani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7501 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7501 (UTT) · dailylaw.ai ]
Judgment text
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2025:UHC:5891 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.779 of 2025 Hon’ble Ashish Naithani, J.
Ms. Sheetal Selwal, learned counsel for the Applicant.
2. Mr. Vipul Painuly, learned AGA for the State.
3. Mr. Sunny Kumar, learned counsel for Respondent no.2.
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 no.2.
5. Applicant as well as respondent no.2 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 20.03.2025 as well as summoning order dated 02.04.2025 passed by learned Judicial Magistrate 1st, Haldwani, District Nainital in Cirminal Case No.760 of 2025 (FIR No.30 of 2025) State vs. Khalid @ Abdul Khalid for the offences punishable under Section 140(2) of Bhartiya Nyaya Sanhita, 2023 registered at Police Station Vanbhoolpura, District Nainital pending in the court of 1st Additional Sessions Judge, Haldwani, District Naintial.
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.
2025:UHC:5891
8. Learned State Counsel has raised a preliminary objection that some of the offences are not compoundable.
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 Charge sheet dated 20.03.2025 as well as summoning order dated 02.04.2025 passed by learned Judicial Magistrate 1st, Haldwani, District Nainital in Cirminal Case No.760 of 2025 (FIR No.30 of 2025) State vs. Khalid @ Abdul Khalid for the offences punishable under Section 140(2) of Bhartiya Nyaya Sanhita, 2023 registered at Police Station Vanbhoolpura, District Nainital pending in the court of 1st Additional Sessions Judge, Haldwani, District Naintial 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 10:22:36 +05'30'