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2025 DAILYLAW 8308 (UTT)

BAJ SINGH v. STATE OF UTTARAKHAND

C528/969/2025 · 2025-07-23

Ashish Naithani

Transfer Petitionbody2025

Judgment text

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SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 2025:UHC:6492 IA No.1 of 2025 (Compounding Application) With C528 No.969 of 2025 Hon’ble Ashish Naithani, J. Mr. Yogesh Pant, learned counsel for the Applicant. 2. Mr. N.S. Kanyal, learned AGA, for the State of Uttarakhand/1. 3. Ms. Archita Badoni, learned counsel for the Respondent No.2 through VC. 4. In the present Application filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, the Applicant – Baj Singh, has put a challenge to the entire proceedings of Criminal Case No.187 of 2023 “State Vs. Baj Singh” for the offences punishable under Sections 324, 504 and 506 of IPC, pending before the court of learned Civil Judge/Judicial Magistrate, Sitarganj, District Udham Singh Nagar. 5. Along with C528 application of BNSS, there is a compounding application with a prayer that the parties have settled the matter on the basis of the compromise and the matter may be decided accordingly. 6. Applicant and the private Respondent No.2 Subedar Major Pooran Singh, are present before this Court, who have been duly identified by their respective counsel, whereby the parties have make a statement that they have come into the terms of the compromise and do not wish to proceed with the matter any further. 7. Learned State Counsel submits that Section 324 of IPC is not compoundable. 8. Heard learned counsel for the parties and perused the material available on record. 9. In view of the principle of law laid down by Hon'ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303 as well as in Transfer Petition (Criminal) No. 115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, 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 interested to restore peace and harmony between them. 10. Keeping in view of the totality of the facts and circumstances of the case, this Court is of the view that ends of justice would be met, if the entire proceedings of Criminal Case No.187 of 2023 “State Vs. Baj Singh” for the offences punishable under Sections 324, 504 and 506 of IPC, pending before the court of learned Civil Judge/Judicial Magistrate, Sitarganj, District Udham Singh Nagar, are quashed. 11. In view of the above, the compounding application is allowed. The entire proceedings of Criminal Case No.187 of 2023 “State Vs. Baj Singh” for the offences punishable under Sections 324, 504 and 506 of IPC, pending before the court of learned Civil Judge/Judicial Magistrate, Sitarganj, District Udham Singh Nagar, are hereby quashed. 12. The Criminal Miscellaneous Application, filed under 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 is disposed of accordingly. (Ashish Naithani, J.) 23.07.2025 Nitesh/