Extracted from the PDF above. The PDF is authoritative.
No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
C-528 No. 164 of 2024 Hon’ble Alok Mahra, J.
Heard Mr. Yogesh Pant,
learned counsel for the applicants, Mr. Akshay Latwal, learned Brief Holder for the State and Ms. Archita Badoni, learned counsel for respondent no. 2.
2. Present C-528 application is filed with the prayer to set-aside/quash the entire proceedings of Criminal Case No. 531 of 2024, State Vs. Ramu Ram Tholiya and Others, under Sections 420, 120-B, 34 of IPC and Section 66-D of I.T. Act, pending in the court of learned Additional Chief Judicial Magistrate, Khatima, District Udham Singh Nagar, on the basis of compromise between the parties.
3. Compounding application (IA/1/2024) is also filed in the matter wherein it is prayed to compound the offence between the parties under Sections 420, 120-B, 34 of IPC and Section 66-D of I.T. Act.
4.
Learned counsel for the applicants submits that the parties have amicably settled their dispute and have entered into a compromise.
Learned counsel further submits that he is not pressing this compounding application on behalf of respondent no. 2, at this stage.
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 objected to 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. 531 of 2024, State Vs. Ramu Ram Tholiya and Others, under Sections 420, 120-B, 34 of IPC and Section 66-D of I.T. Act, pending in the court of learned Additional Chief Judicial Magistrate, Khatima, District Udham Singh Nagar, are hereby quashed qua the applicant nos. 1, 3, 4, 5 and 6. FIR and charge-sheet filed pursuant thereto stand quashed.
9. C-528 application stands disposed of in the aforesaid terms.
(Alok Mahra J.)
07.03.2025 Ujjwal