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2025 DAILYLAW 9655 (UTT)

SUBHASH SINGH CHAUHAN AND ORS v. STATE OF UTTARAKHAND

C528/1290/2025 · 2025-08-04

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:6841 C-582 No. 1290 of 2025 Hon’ble Ashish Naithani, J. Mr. Tejas Agarrwal, learned counsel for the Applicant. 2. Mr. Vipul Painuly, learned A.G.A. for the State of Uttarakhand. 3. Mr. Ujjwal and Mahavir Kohli, learned counsel for Respondent No. 2. 4. The present Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is with a prayer that the entire proceedings of Criminal Trial No. 2796 of 2024, “State of Uttarakhand vs. Subhash Singh Chauhan & Ors.” pending in the Court of learned Additional Chief Judicial Magistrate, Kotdwara, District Pauri Garhwal as well as the Charge Sheet dated 16.08.2024 be quashed on the basis of the compromise. The compounding application which is annexed as paper no. 40 wherein the parties have endorsed their signature and the said application is also being endorsed by the learned counsels for the parties respectively. 5. Today, the Applicant no.1-Subhash Singh Chauhan, S/o Shri Dalveer Singh, is present and has been duly identified by Mr. Tejas Agarwal, Advocate. Respondent No. 2- Shivani, complainant, and Respondent no. 3 Shivam Kumar are also present and have been duly identified by Mr. Mahavir Kohli and Mr. Ujjwal, learned counsels for respondent no.2 and 3. 6. On interacting with the parties, the complainant Shivani makes a statement that she works in the company where the Applicant no.1-Subhash Singh Chauhan, who is the Field Officer and there was an allegation due to non payment of the salary so due by respondent no. 2 and 3 which resulted in a trifle between the applicants, especially Subhash Singh Chauhan, who was accompanied with his driver applicant no.2-Naveen Kumar S/o Sri Ramesh Chand and the Security Guard Applicant no.3 Ajeet Singh, S/o Shri Chandrapal Singh. 7. There is a statement made on behalf of Applicant no.1- Subhash Singh Chauhan, who is a Field Officer in a company, that due to some financial crisis, the Company could not pay the wages and thus the agitation broken. Now the parties have come into the terms of compromise and they do not want to pursue the matter any further. Moreover, there is a joint statement made by the parties that the company is no longer under existence and thus the application may be allowed. 8. The State has filed its objection to the compounding application which are formal in nature. 9. After interacting with the parties and the learned Counsel, I find the grounds sufficient to compound the matter. 10. 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, it is well settled 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. 11. Considering the overall facts and circumstances of the case, this Court is of the view that the ends of justice would be served by quashing the entire proceedings of Criminal Trial No. 2796 of 2024, “State of Uttarakhand vs. Subhash Singh Chauhan & Ors.” Pending in the Court of learned Additional Chief Judicial Magistrate, Kotdwara, District Pauri Garhwal as well as the Charge Sheet dated 16.08.2024, qua the present Applicant only. 12. Accordingly, the Compounding Application is allowed. The entire proceedings of Criminal Trial No. 2796 of 2024, “State of Uttarakhand vs. Subhash Singh Chauhan & Ors.” Pending in the Court of learned Additional Chief Judicial Magistrate, Kotdwara, District Pauri Garhwal as well as the Charge Sheet dated 16.08.2024 are hereby quashed only in respect of the present Applicants. 13. The Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is accordingly disposed of. (Ashish Naithani, J.) 04.08.2025 Nahid