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2025 DAILYLAW 7705 (UTT)

SURENDRA VEMA v. STATE OF UTTARAKHAND

C528/822/2025 · 2025-07-23

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 JUDGE’S ORDERS 2025:UHC:6504 (Compounding Appl. No.01 of 2025) In C528 No.822 of 2025 Hon’ble Ashish Naithani, J. Mrs. Prabha Naithani, learned counsel for the Applicant appearing through V.C. 2. Mr. Vipul Painly, learned AGA for the State. 3. 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. 4. Applicant as well as respondent no.2 are present through V.C. They are duly identified by their respective counsel. 5. By means of this C528 application, Applicant has sought quashing of the charge sheet dated 15.04.2025, cognizance order dated 28.04.2023 as well as the entire proceedings of Criminal Case No.432 of 2025 (Case Crime No.132 of 2024) in Special Session Trial No.05 of 2025 State vs. Surendra Verma for the offence punishable under Section 108 of BNS, 2023 registered at P.S. Kotwali Pithoragarh pending in the court of Special Session Judge, District Pithoragarh. 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 12.06.2025 had directed the Secretary, District Legal Services Authority, District Pithoragarh to file a report at the earliest, preferably within three days through the messenger of the District Court as well as via Email. The Secretary, District Legal Services Authority, District Pithoragarh, had filed a report qua the Applicant, 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 entire proceedings of Criminal Case No.432 of 2025 (Case Crime No.132 of 2024) in Special Session Trial No.05 of 2025 State vs. Surendra Verma for the offence punishable under Section 108 of BNS, 2023 pending in the court of Special Session Judge, District Pithoragarh are hereby quashed. 12. Accordingly instant Criminal Misc. Application stands disposed of. (Ashish Naithani, J.) 23.07.2025 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: 2025.07.29 10:44:32 +05'30'