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No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
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C-528 No. 24 of 2025 Hon’ble Alok Mahra, J.
Heard Mr. Varun Agarwal, learned counsel for the applicant, Mr. Akshay Latwal, learned Brief Holder for the State and Mr. Hemant Mahra, learned counsel, holding brief of Mr. Abhishek Anthwal, learned counsel for respondent no. 2.
2. Present C-528 application is filed with the prayer to set-aside/quash the charge- sheet dated 12.05.2023, cognizance/summoning
order dated 20.01.2024 and the entire proceedings of Criminal Case No. 396 of 2024, State of Uttarakhand Vs. Vishal Kumar, under Sections 323, 504, 506 and 452 of IPC, pending in the court of learned Judicial Magistrate III, Dehradun on the basis of compromise between the parties.
3. Compounding application (IA/1/2025) is also filed in the matter wherein it is prayed to compound the offence between the parties under Sections 323, 504, 506 and 452 of IPC.
4.
Learned counsel for the applicant submits that the parties have amicably settled their dispute and have entered into a compromise.
5. Parties are present before this Court and are duly identified by their respective counsel. Parties have also filed their respective affidavits stating the facts of compromise between them.
6. Learned State Counsel has formerly opposed the compounding application.
7. Hon’ble Supreme Court, in a catena of its judgments, has observed that in cases where because of the compromise arrived at between the parties, possibility of conviction is remote and bleak, the High Court may quash the criminal proceedings as continuation of the same would cause great prejudice and injustice to the accused.
8. Following the aforesaid ratio, present compounding application (IA/1/2024) is allowed. The offences between the parties are permitted to be compounded. As a result, entire proceedings of Criminal Case No. 396 of 2024, State of Uttarakhand Vs. Vishal Kumar, under Sections 323, 504, 506 and 452 of IPC, pending in the court of learned Judicial Magistrate III, Dehradun, are hereby quashed qua the applicant. FIR and charge-sheet filed pursuant thereto stand quashed.
9. C-528 application stands disposed of in the aforesaid terms.
(Alok Mahra J.)
21.02.2025 Ujjwal