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2025:UHC:7075 SL. No . Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
C-528 No. 1257 of 2025 Hon’ble Ashish Naithani, J.
Mr. Anuj Kumar Tyagi, learned counsel for the Applicants. 2. Mr. Akshay Latwal, learned A.G.A. for the State of Uttarakhand. 3. Ms. Asmi, learned counsel for the Respondent No. 2. 4. The present Criminal Misc. Application No. 1257 of 2025, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is with the prayer that the charge-sheet dated 30.09.2022, the cognizance/summoning order dated 20.04.2023, passed by the learned Second Additional Civil Judge (JD), Roorkee, District Haridwar, along with the entire proceedings of Case No. 713 of 2023, “State vs. Shiv Mohan and Another” for the offence punishable under Sections 452, 323, 504, 506, and 325 IPC relating to FIR No. 373 of 2022 under the jurisdiction of Police Station Jhabrera, District Haridwar, pending before the Court of the learned IInd Additional Civil Judge (J.D.), Roorkee, District Haridwar, be quashed on the basis of compromise entered into between the parties. 5. A Compounding Application (IA No. 01 of 2025, Paper No. 25), along with an affidavit, has been filed and is annexed with the signatures of the Applicant and the Respondent No. 2. The same has been duly verified by their respective counsels, Mr. Anuj Kumar Tyagi, learned counsel for the Applicants, and Ms. Asmi, learned counsel for Respondent No. 2. 2025:UHC:7075
6. The Compounding Application has been strongly opposed by the learned State Counsel, contending that the offence under Section 452 is non- compoundable. 7. On interacting with the parties individually, firstly with Respondent No. 2- Sukarma, who is supposed to be the injured in the present matter, and then with the Applicant- Shiv Mohan S/o Late Kaluram, and Vikul Tyagi S/o Shiv Mohan, the Court is satisfied that the parties have come into terms of compromise. The victim/Respondent No. 2 submits that the issue escalated and was just a triable matter, and the hurt caused, as shown, is not serious, and she does not wish to pursue the matter any further. Likewise, the Applicant also makes a similar statement that there was a triable issue between the children which escalated and took the shape of the criminal case proceedings as mentioned above, and that the parties have come into terms of compromise.
This Court is satisfied with the submissions and assertions made. 8. Heard learned counsel for the parties and perused the material available on record. 9. In light of the legal principles laid down by the Hon’ble Apex Court in “Gian Singh vs. State of Punjab, (2012) 10 SCC 303,” and “Dimpey Gujral vs. Union Territory of Chandigarh,” Transfer Petition (Criminal) No. 115 of 2012, decided on 06.12.2012, this Court holds that criminal proceedings may be quashed if the matter has been amicably settled between the parties and they are inclined to restore peace and harmony. 10. Considering the overall facts and circumstances
2025:UHC:7075 of the case, this Court is of the view that the ends of justice would be met by quashing the entire proceedings of Case No. 713 of 2023, “State vs. Shiv Mohan and Another” for the offence punishable under Sections 452, 323, 504, 506, and 325 IPC relating to FIR No. 373 of 2022 under the jurisdiction of Police Station Jhabrera, District Haridwar, pending before the Court of the learned Second Additional Civil Judge (JD), Roorkee, District Haridwar. 11. Accordingly, the Compounding Application is allowed. The entire proceedings of Case No. 713 of 2023, “State vs. Shiv Mohan and Another” for the offence punishable under Sections 452, 323, 504, 506, and 325 IPC relating to FIR No. 373 of 2022 under the jurisdiction of Police Station Jhabrera, District Haridwar, pending before the Court of the learned Second Additional Civil Judge (JD), Roorkee, District Haridwar, are hereby quashed. 12. The Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is accordingly disposed of. (Ashish Naithani, J.) 12.08.2025 Shiksha SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24 b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542 D7FF0A9BED00E67B5283D205F18FE29BDF5DD9 , cn=SHIKSHA BINJOLA Date: 2025.08.13 10:40:28 +05'30'
2025:UHC:7075