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2025 DAILYLAW 8803 (UTT)

SHER SINGH v. STATE OF UTTARAKHAND

C528/1063/2025 · 2025-07-09

Ashish Naithani

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 2025:UHC:5895 IA No.01 of 2025 (Compounding Application) In C528 No.1063 of 2025 HON’BLE ASHISH NAITHANI, J. Mr. Faizan Ali, learned counsel, for the Applicants. 2. Mr. G.C. Joshi, learned AGA, for the State of Uttarakhand/1. 3. Ms. Gurbani Singh, learned counsel holding brief of Mr. Mohd. Safdar, learned counsel for the respondent nos.2 and 3. 4. The present Application has been filed under Section 528 of B.N.S.S, to quash the entire proceedings of Criminal Case No.599 of 2023, “State Vs. Sher Singh and others”, under Sections 147, 323 and 504 of IPC, pending in the court of learned Chief Judicial Magistrate, Kiccha, District Udham Singh Nagar. 5. Along with C528 application, a compounding application has been signed by the parties and has been filed, which is duly supported by separate affidavits of Applicants and private Respondent Nos.2 and 3, who are present in person before this Court who are duly identified by their respective counsels. 6. Learned counsel for the parties have filed their respective affidavits along with the compounding application stating therein that they do not want to pursue the present criminal case any further and a settlement has reached between them. 7. Learned State Counsel submits that Section 147 of IPC is non compoundable offence. 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.599 of 2023, “State Vs. Sher Singh and others”, under Sections 147, 323 and 504 of IPC, pending in the court of learned Chief Judicial Magistrate, Kiccha, District Udham Singh Nagar, are hereby quashed. 11. In view of the above, the compounding application is allowed. The entire proceedings of Criminal Case No.599 of 2023, “State Vs. Sher Singh and others”, under Sections 147, 323 and 504 of IPC, pending in the court of learned Chief Judicial Magistrate, Kiccha, District Udham Singh Nagar, are hereby quashed 12. The Criminal Miscellaneous Application, filed under 528 of BNSS is disposed of accordingly. (ASHISH NAITHANI, J.) 09.07.2025 Nitesh/