Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 7971 (UTT)

HIMANSHU KUMAR v. STATE OF UTTARAKHAND

C528/884/2025 · 2025-07-04

Ashish Naithani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:5764 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. 884 of 2025 Hon’ble Ashish Naithani, J. Mr. Pankaj Kumar Sharma, learned counsel for the Applicant. 2. Mr. Vipul Painuli, learned A.G.A. for the State of Uttarakhand. 3. Ms. Renu Dolly Upadhaya, learned counsel for the Respondent No. 2 through video conferencing. 4. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of the Applicant- Himanshu Kumar seeking quashing of the charge-sheet dated 21.04.2025, the summoning order dated 28.04.2025 and the entire proceedings of Criminal Case No. 818 of 2025 (Case Crime No. 56 of 2025), “State vs. Himanshu”, for the offence punishable under Sections 318(4), 336(3), 338 and 340(2) of B.N.S., 2023, pending before the Court of the learned Judicial Magistrate, IInd, Haridwar. 5. Along with the present application under Section 528, a joint Compounding Application (I.A. No. 1 of 2025) has been filed, duly signed by the parties and supported by their respective affidavits, wherein it is stated that the parties have entered into a compromise and request that, in view thereof, the matter be treated as compounded. 6. On the last occasion, i.e., 19.06.2025, the parties were present in person and were duly identified by their respective counsel. 7. Ms. Renu Dolly Upadhyay, learned counsel for 2025:UHC:5764 Respondent No. 2, submitted that the parties have amicably settled their disputes. She further stated that Respondent No. 2 has received the full amount and does not wish to pursue the matter any further. 8. The learned State Counsel has opposed the compounding application, contending that some of the offences are non-compoundable. 9. The Court has heard the learned counsel for the parties and carefully perused the material available on record. 10. In light of the legal principles laid down by the Hon’ble Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, and Dimpey Gujral v. Union Territory of Chandigarh, Transfer Petition (Criminal) No. 115 of 2012, decided on 06.12.2012, it is well settled that even in cases involving non-compoundable offences, the High Court, in exercise of its inherent jurisdiction, may quash the criminal proceedings if it is satisfied that the parties have amicably settled the matter and that continuance of such proceedings would be an abuse of the process of law or would serve no useful purpose. 11. Considering the overall facts and circumstances of the case, this Court is of the opinion that no fruitful purpose would be served by continuing with the proceedings. The ends of justice would be met if the proceedings are quashed. 12. Accordingly, the Compounding Application is allowed. The entire proceedings of Criminal Case 2025:UHC:5764 No. 818 of 2025 (Case Crime No. 56 of 2025), “State vs. Himanshu”, for the offence punishable under Sections 318(4), 336(3), 338 and 340(2) of B.N.S., 2023, pending before the Court of the learned Judicial Magistrate, IInd, Haridwar, are hereby quashed. 13. Consequently, the Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, stands disposed of. (Ashish Naithani, J.) 04.07.2025 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=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fb d40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B528 3D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.07.05 12:46:13 +05'30' 2025:UHC:5764