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2025 DAILYLAW 9639 (UTT)

DEEPAK CHAUHAN ALIAS DEEPANSHU AND ORS v. STATE OF UTTARAKHAND

C528/1284/2025 · 2025-08-05

Ashish Naithani

body2025

Judgment text

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2025:UHC:6912 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528 No.1284 of 2025 In (Compounding Appl. No.02 of 2025) Hon’ble Ashish Naithani, J. Mr. Ravindra S. Rawat, learned counsel for the Applicants. 2. Mr. Akshay Latwal, learned AGA for the State. 3. Mr. Rohit Kakkar, learned counsel for respondent nos.2 & 3. 4. Present application has been filed by the Applicants under Section 528 of B.N.S.S., 2023 alongwith compounding application and the same is supported with the affidavits of Applicants and Respondent nos.2 & 3. 5. Applicants as well as respondent nos.2 & 3 are present in the Court. They are duly identified by their respective counsel. 6. By means of this C528 application, Applicants- Deepak Chauhan @ Deepanshu, son of Sunder Singh, Rishabh Yadav @ Sanky, son of Anand Prakash and Mr. Mohit Rawat @ Maddy, son of Raghuveer Singh Rawat against Respondent no.2- Mohd. Idrish, son of Mohd. Mahmood, Respondent no.3-Mohd. Azim, son of Mohd. Idrish with the prayer to quash the charge sheet, cognizance order dated 31.05.2021 as well as the entire proceedings of Criminal Case No.5294 of 2021, State vs. Deepak @ Deepanshu and others for the offence punishable under Section 307 and 34 of IPC pending before the court of learned Chief Judicial Magistrate, District Haridwar. 7. Learned counsel for the parties have filed their respective affidavits along with the compounding application paper no.25 wherein the signature of the Applicants and the Respondent nos.2 & 3 have been annexed and the said application is being endorsed by learned counsel for the parties respectively. In the affidavits both the parties stated that they do not wish to pursue the present criminal case any further and a 2025:UHC:6912 compromise has been entered between them. 8. This Court has interacted with the parties. While interacting with the complainant-Mohd. Idrish he makes a statement that they have come into the terms of compromise and do not wish to pursue the case any further. On interaction, the Applicants make a statement that they and Respondent nos.2 & 3 are friends; there was a trivial issue between the parties and somehow Respondent no.3-Mohd. Azim fell and got hurt and thereby a Criminal Case was initially instituted under Section 324 and 332 of IPC and subsequently it was converted into Section 307 of IPC on the basis of investigation; now they do not want to pursue the matter. 9. Learned State counsel has strongly opposed the compounding application and submits that some of the offences are not compoundable. 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 Ho’ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303, 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 interest to restore peace and harmony between them. 12. Having heard learned counsel for the parties and in view of the above, the compounding application is allowed. Entire proceedings of Criminal Case No.5294 of 2021, State vs. Deepak @ Deepanshu and others for the offence punishable under Section 307 and 34 of IPC pending before the court of learned Chief Judicial Magistrate, District Haridwar are hereby quashed. 13. Accordingly instant Criminal Misc. Application stands disposed of. (Ashish Naithani, J.) 05.08.2025 Arti ARTI SINGH Digitally signed by ARTI SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE2521F982, cn=ARTI SINGH Date: 2025.08.08 17:27:54 +05'30'