2025:UHC:7423 HIGH COURT OF UTTARAKHAND AT NAINITAL Compounding Application (IA No. 4 of 2025) In Criminal Misc Application No. 146 of 2024 21 August, 2025 Dr. Apoorv Karnatic --Applicant Versus State of Uttarakhand & others. --Respondents ------------------------------------------------------------------- Presence:- Ms. Abhilasha Tomar, Advocate for the applicant. Mr. K.S. Bora, Deputy Advocate General for the State of Uttarakhand. Mr. Sandeep Kothari, Advocate for respondent no. 2. ------------------------------------------------------------------- By means of this Criminal Miscellaneous Application, filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, applicant has sought quashing of summoning order dated 02.07.2024 and entire proceedings of Criminal Case No. 1929 of 2024 (State of Uttarakhand v. Dr. Apoorv Karnatic), under Sections 279 & 304-A IPC, pending before learned Chief Judicial Magistrate, Champawat. 2. A compounding application, jointly signed by counsel for applicant and counsel for respondent no. 2 has been filed, duly supported by affidavits of applicant, respondent no. 2, as well as legal heirs of the deceased. 3. The FIR is on record as Annexure-1 to the Criminal Miscellaneous Application. Perusal thereof reveals that on 04.05.2023, one Mr. Suresh Chandra Amkholia, S/o late Shiv Dutt was hit by a fast moving 1 2025:UHC:7423 vehicle and due to the injuries sustained by him in the said incident, Mr. Suresh Chandra Amkholia passed away. Upon investigation, charge-sheet was filed against the applicant for offences punishable under Section 279 & 304-A IPC and learned Chief Judicial Magistrate, Champawat passed summoning order against the applicant, on 02.07.2024. 4. In this application, applicant has challenged the summoning order and also the proceedings of Criminal Case No. 1929 of 2024. 5. Learned counsel for the applicant submits that the parties have resolved the dispute amicably, therefore, in view of the settlement arrived at between them, proceedings of Criminal Case No. 1929 of 2024 and also the summoning order deserved to be quashed. 6. Respondent no. 2 is the complainant, who is connected virtually. On the last date of hearing i.e. 20.08.2025, Mr. Kapil Chandra Amkholia (cousin of the deceased), Mr. Gaurav Amkholia and Mr. Sandeep Amkholia (two sons of the deceased) were physically present in Court; while, Smt. Kunti Devi (mother of the deceased), Smt. Devki Devi (wife of the deceased) and Kuldeep Chandra Amkholia, one of the son of the deceased, were connected virtually. Today also, the mother, wife and all three sons of deceased are connected virtually. They submitted that because of the settlement, now they do not have any rancour with the applicant and proceedings of Criminal Case No. 1929 of 2024 be quashed. 7. Learned State counsel, however, submits that he has no objection, if the matter is compounded. 2 2025:UHC:7423 8. Learned counsel appearing for the applicant gives an undertaking on behalf of her client that her client will pay a sum of `1,00,000/- to the widow of the deceased (Smt. Devki Devi) to compensate her, for loss of spousal consortium, which will be deposited before the Chief Judicial Magistrate, Champawat within 72 hours, who shall release the amount in favour of Smt. Devki Devi (widow of the deceased) on her application. 9. Having regard to the nature of offence and also considering the broad guidelines issued by Hon’ble Apex Court in the case of Gian Singh Vs State of Punjab reported in (2012) 10 SCC 303; Narinder Singh & others Vs State of Punjab & another reported in (2014) 6 SCC 466 and State of Madhya Pradesh Vs. Laxmi Narayan reported in (2019) 5 SCC 688, request of the applicant deserves to be acceded to. 10. Since the parties have entered into a compromise, therefore, possibility of the trial resulting into conviction of the accused is remote and bleak and, that being so, continuation of criminal proceedings would visit the accused with great oppression, prejudice and injustice. Rather, it would tantamount to abuse of process of law. Ends of justice would be met only if criminal proceedings are put to an end, because this would allow the parties to translate their decision to live in peace in the reality. The only consideration for the compromise reached between the parties seems to be their desire to burry the hatchet for all times to come. Resolution of a dispute by way of a compromise between two warring groups, therefore, should attract 3 2025:UHC:7423 the immediate and prompt attention of a Court which should endeavour to give full effect to the same unless such compromise is abhorrent to lawful composition of the society or would promote savagery. 11. In view of above discussion, Criminal Miscellaneous Application is allowed. Entire proceedings of Criminal Case No. 1929 of 2024, pending in the Court of learned Chief Judicial Magistrate, Champawat is hereby quashed along with all proceedings emanating therefrom, subject to deposit of `1,00,000/- by the applicant before Chief Judicial Magistrate, Champawat, within 72 hours, which may be released in favour of Smt. Devki Devi (widow of the deceased) on her application. 12. Compounding application is, accordingly, disposed of. (Manoj Kumar Tiwari, J) 21.08.2025 Navin 4 NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f 487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819 DA875643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.08.22 19:44:52 +05'30'