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2025 DAILYLAW 8674 (UTT)

SANDEEP KUMAR v. STATE OF UTTARAKHAND

C528/1046/2025 · 2025-07-22

Ashish Naithani

body2025

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:6385 IA No.1 of 2025 (Compounding Application) With C528 No.1046 of 2025 Hon’ble Ashish Naithani, J. Mr. Sachin Panwar, learned counsel for the Applicant. 2. Mr. Akshay Latwal, learned AGA, for the State of Uttarakhand/1. 3. Mr. Susheel Kumar, learned counsel for the Respondent No.2. 4. In the present Application filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, the Applicant has put a challenge to the cognizance/summoning order dated 02.11.2020 passed by learned Judicial Magistrate – 1st, Roorkee, District Haridwar in Criminal Case No.2032 of 2022 in Criminal Case No.1383 of 2019 (Case Crime No.90 of 2018) “State Vs. Sandeep” for the offences punishable under Section 304-B and 201 of IPC, pending before the court of 2nd Judicial Magistrate, Roorkee, District Haridwar as well as subsequent bailable order dated 12.11.2024 passed by Judicial Magistrate 2nd Roorkee, District Haridwar. 5. Along with C528 application of BNSS, there is a compounding application filed at paper no.61, with a prayer that the parties have settled the matter on the basis of the compromise and the matter may be decided accordingly. 6. Learned State Counsel strongly objects to the compounding application submitting that the matter is serious, as it is related to the offence punishable under Section 304-B and 201 of IPC. 7. As per the FIR, the complainant/respondent no.2 alleges that her daughter Deepa, had died due to electrocution, which was caused by her husband Sandeep Kumar (present Applicant). 8. Today, Applicant Sandeep Kumar and the complainant Rekha, is present in person before this Court along with their respective counsels, and they have been identified by their learned counsels. The complainant/respondent no.2 makes a statement before this Court that she had earlier filed an FIR against the Applicant with the allegations that cause of death was due to electrocution which was attributed against the Applicant, but later she got to know that while ironing the clothes her late daughter Deepa got electric shock by an iron and thats how she got electrocution and passed away ultimately. Now, she says that she does not want to proceed with the matter any further and the parties have come into the terms of the compromise. 9. Applicant Sandeep Kumar, asserts to the statement made by Respondent No.2 that her late wife got electrocuted while ironing the clothes. In this light, as the statement made before this Court by the parties, the compounding application seems to be justified and is allowed. 10. Heard learned counsel for the parties and perused the material available on record. 11. 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. 12. 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 cognizance/summoning order dated 02.11.2020 passed by learned Judicial Magistrate – 1st, Roorkee, District Haridwar in Criminal Case No.2032 of 2022 in Criminal Case No.1383 of 2019 (Case Crime No.90 of 2018) “State Vs. Sandeep” for the offences punishable under Section 304-B and 201 of IPC, pending before the court of 2nd Judicial Magistrate, Roorkee, District Haridwar as well as subsequent bailable order dated 12.11.2024 passed by Judicial Magistrate 2nd Roorkee, District Haridwar, are quashed. 13. In view of the above, the compounding application is allowed. The cognizance/summoning order dated 02.11.2020 passed by learned Judicial Magistrate – 1st, Roorkee, District Haridwar in Criminal Case No.2032 of 2022 in Criminal Case No.1383 of 2019 (Case Crime No.90 of 2018) “State Vs. Sandeep” for the offences punishable under Section 304-B and 201 of IPC, pending before the court of 2nd Judicial Magistrate, Roorkee, District Haridwar as well as subsequent bailable order dated 12.11.2024 passed by Judicial Magistrate 2nd Roorkee, District Haridwar, are hereby quashed. 14. The Criminal Miscellaneous Application, filed under 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 is disposed of accordingly. (Ashish Naithani, J.) 22.07.2025 Nitesh/