2025:UHC:4908 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 1554 of 2016 13th June, 2025 Gurmeet Singh and Another --Applicants Versus State Of Uttarakhand and Another --Respondents ---------------------------------------------------------------------- Presence:- Mr. T.P.S. Takuli, learned counsel for the applicants. Mr. Tumul Nainwal, learned AGA for the State. Mr. Pradeep Chamyal, learned counsel for respondent no.2. ---------------------------------------------------------------------- JUDGMENT: (per Alok Mahra J.) Heard learned counsel for the applicants, learned counsel for the State as well as learned counsel for respondent no.2. 2. By means of the present misc. application the applicants seek to quash the charge sheet no.29 of 2016, summoning order dated 29.07.2016 and subsequently the order dated 30.08.2016 passed by the Civil Judge (J.D.)/Judicial Magistrate, Khatima, District Udham Singh Nagar in Criminal Case No.1365 of 2016, pursuant to the FIR No.34 of 2016, under Section 324 of IPC and Section 3 (1) (10) of S.C./S.T. Act., pending in the court of 2025:UHC:4908 2 Civil Judge (J.D.)/Judicial Magistrate, Khatima, District Udham Singh Nagar on the basis of compromise between the parties. 3. Compounding application (CRMA/1847/2016) is also filed in the matter wherein it is prayed to compound the offence between the parties under Section 324 of IPC and Section 3 (1) (10) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 4. Parties are present before this Court today and duly identified by their respective counsels. Parties have also filed their respective affidavits stating the above fact of compromise between them. 5. Learned State Counsel has formally opposed the compounding application. 6. However, the Hon’ble Apex Court in the case of Ramgopal and Another Vs. State of Madhya Pradesh reported in (2022) 14 S.C.C., Page 531, has permitted compounding of non-compoundable offences with the permission of Court even relating to the SC&ST Act. On perusal of the compounding application it has come out that the alleged offence was not committed on account of the caste of the victim. 2025:UHC:4908 3 7. Following the aforesaid ratio, present compounding application is allowed. The offences between the parties are permitted to be compounded. As a result, the charge sheet no.29 of 2016, summoning order dated 29.07.2016 and subsequently the order dated 30.08.2016 passed by the Civil Judge (J.D.)/Judicial Magistrate, Khatima, District Udham Singh Nagar in Criminal Case No.1365 of 2016, pursuant to the FIR No.34 of 2016, under Section 324 of IPC and Section 3 (1) (10) of S.C./S.T. Act., pending in the court of Civil Judge (J.D.)/Judicial Magistrate, Khatima, District Udham Singh Nagar, are hereby quashed qua the applicants. 8. C528 application stands disposed of in the aforesaid terms. 9. Pending application, if any, also stands disposed of. (ALOK MAHRA, J.) Dated: 13.06.2025 BS BALWANT SINGH Digitally signed by BALWANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02fe2eacbf28cdf4ba7 ce8640c5820, postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB553DE5185F418755DC0 0A7A13C14A680C3FA90, cn=BALWANT SINGH Date: 2025.06.13 17:13:36 +05'30'