2025:UHC:7021 SL. No . Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C-528 No. 826 of 2025 Hon’ble Ashish Naithani, J. Mr. Sachin Panwar, learned counsel for the Applicant. 2. Mr. Akshay Latwal, learned A.G.A. for the State of Uttarakhand. 3. Mr. M.S. Bisht, learned counsel for the Respondent No. 2. 4. The present Criminal Misc. Application No. 826 of 2025, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been moved with a prayer to quash the Charge-sheet dated 12.04.2025, as well as the cognizance/summoning order dated 08.05.2025, passed by the learned Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal in Criminal Case No. 945 of 2025 (arising out of Case Crime No. 61 of 2025), titled “State vs. Bhaskar Chaudhary alias Harish”, for the offence punishable under Section 109 of the Bharatiya Nyaya Sanhita, 2023. The case was registered at Police Station Kotdwar, District Pauri Garhwal, and is presently pending before the Court of the learned Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal. The prayer is based on a compromise entered into between the parties. 5. A Compounding Application (IA No. 01 of 2025, Paper No. 30), along with an affidavit, has been filed and is annexed with the signatures of the Applicant and the Complainant. The same has been duly verified by their respective counsels, Mr. Sachin Panwar, learned counsel for the Applicant, and Mr. 2025:UHC:7021 M.S. Bisht, learned counsel for Respondent No. 2. 6. The Applicant, who is presently in District Jail, Pauri Garhwal, is appearing through video conferencing pursuant to the order of this Court dated 25.07.2025. He has been duly identified by his counsel, Mr. Sachin Panwar, Advocate. 7. The Compounding Application has been strongly opposed by the learned State Counsel, who submits that the offence in question pertains to Section 109 of the B.N.S., 2023 (corresponding to Section 307 IPC), i.e., attempt to murder. It is further submitted that the victim, a minor named Sujal, was attacked on the neck with a knife by the Applicant. The State Counsel prays that, in light of the serious nature of the offence, the compounding application be rejected. 8. Respondent No. 3/injured-Sujal is present before this Court along with his guardian, Respondent No. 2-his father, Anil Kumar, S/o Shri Chandrapal. Both have been identified by their counsel, Mr. M.S. Bisht, Advocate. 9. Upon interacting with the parties, i.e., the Applicant and the Complainant-Anil Kumar, and the injured minor-Sujal, it is stated before the Court that they have entered into a compromise and do not wish to pursue the matter any further. 10. The injured, Sujal, has submitted before the Court that it is a family affair and he does not wish to strain the familial relationship any further. 11. After interacting with the parties, and specifically the injured, this Court is of the considered view that the compounding application deserves to be allowed. 12. Heard learned counsel for the parties and 2025:UHC:7021 perused the material available on record. 13. In light of the legal principles laid down by the Hon’ble Apex Court in “Gian Singh vs. State of Punjab, (2012) 10 SCC 303”, and “Dimpey Gujral vs. Union Territory of Chandigarh”, Transfer Petition (Criminal) No. 115 of 2012, decided on 06.12.2012, this Court holds that criminal proceedings may be quashed if the matter has been amicably settled between the parties and they are inclined to restore peace and harmony. 14. Considering the overall facts and circumstances of the case, this Court is of the view that the ends of justice would be met by quashing the entire proceedings of Criminal Case No. 945 of 2025 (Case Crime No. 61 of 2025, “State vs. Bhaskar Chaudhary alias Harsh”, for offences punishable under Section 109 of the B.N.S., 2023, registered at Police Station Kotdwar, District Pauri Garhwal, pending before the Court of the learned Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal. 15. Accordingly, the Compounding Application is allowed. The entire proceedings of Criminal Case No. 945 of 2025 (Case Crime No. 61 of 2025, “State vs. Bhaskar Chaudhary alias Harsh”, for offences punishable under Section 109 of the B.N.S., 2023, registered at Police Station Kotdwar, District Pauri Garhwal, pending before the Court of the learned Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal, are hereby quashed. 16. Since the entire proceedings of Criminal Case No. 945 of 2025 (Case Crime No. 61 of 2025, “State vs. Bhaskar Chaudhary alias Harsh” have been quashed, Applicant No. 1- Bhaskar Chaudhary alias 2025:UHC:7021 Harish, who is presently in judicial custody, shall be released forthwith, if not required in any other case. 17. The Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is accordingly disposed of. (Ashish Naithani, J.) 11.08.2025 Shiksha SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822 fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5 283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.08.11 17:53:26 +05'30' 2025:UHC:7021