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2025 DAILYLAW 9954 (UTT)

LALIT SINGH KHARAYAT v. STATE OF UTTARAKHAND

C528/1367/2025 · 2025-08-14

Ashish Naithani

body2025

Judgment text

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2025:UHC:7176 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. 1367 of 2025 Hon’ble Ashish Naithani, J. Ms. Geetanjali Dhami, learned counsel for the Applicant. 2. Mr. Rakesh Negi, learned Brief Holder for the State of Uttarakhand. 3. Mr. Amit Kapri, learned counsel for the Respondent No. 2. 4. The present Criminal Misc. Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the Applicant- Lalit Singh Kharayat, against the Respondents, in particular Respondent No. 2- Yogesh Chandra Punera, with the prayer to quash the charge sheet as well as the entire proceedings of Criminal Case No. 165 of 2025 (Case Crime No. 55 of 2024), “State vs. Lalit Singh Kharayat”, under Sections 351(3) and 78(2) of B.N.S., 2023, under the jurisdiction of Police Station Jajardeval, District Pithoragarh, pending before the Court of the learned Chief Judicial Magistrate, Pithoragarh, District Pithoragarh. 5. Along with the C-528 Application, a Compounding Application (IA No. 01 of 2025, Paper No. 29) has also been filed, which is supported by affidavits. The said Compounding Application is annexed with the signatures of the parties. The said Application is endorsed by the learned counsels for the parties respectively — Ms. Geetanjali Dhami, learned counsel for the Applicant, and Mr. Amit Kapri, learned counsel for Respondent No. 2. Both the parties, the Applicant and Respondent No. 2 make a 2025:UHC:7176 submission that they have arrived at a compromise and wish to proceed with the Compounding Application, and request that the matter be disposed of on that basis. 6. The learned State Counsel objects to the Compounding Application with the contention that Section 78(2) of B.N.S, 2023 is non-compoundable. 7. The parties are appearing through video conferencing and are being identified by their respective counsels. 8. Upon interacting with the parties, Ms. Divya Punera and Priya Punera, and the Complainant/Respondent No. 2- Yogesh Chandra Punera, who happens to be the father of these girls and the Applicant, who is alleged to have been stalking Priya Punera and her sister Divya Punera (the latter standing in defense of her sister), it appears that the matter was reported by Respondent No. 2 against the Applicant. The Applicant apologizes before this Court with a statement that he will not act in such a manner further and will not trouble the said girls (the daughters of Respondent No. 2). Respondent No. 2, as well as his daughters, submit before the Court that they have reconciled the matter without any duress or pressure and that they have done so of their own free will. Respondent No. 2 also makes a similar statement and supports the Compounding Application. 9. This Court is satisfied with the submissions and deems it fit to allow the Compounding Application. 10. Considering the overall facts and circumstances of the case, this Court is of the view that the ends of justice would be met by quashing the entire 2025:UHC:7176 proceedings of Criminal Case No. 165 of 2025 (Case Crime No. 55 of 2024), “State vs. Lalit Singh Kharayat”, under Sections 351(3) and 78(2) of B.N.S., 2023, under the jurisdiction of Police Station Jajardeval, District Pithoragarh, pending before the Court of the learned Chief Judicial Magistrate, Pithoragarh, District Pithoragarh. 11. Accordingly, the Compounding Application is allowed. The entire proceedings of Criminal Case No. 165 of 2025 (Case Crime No. 55 of 2024), “State vs. Lalit Singh Kharayat”, under Sections 351(3) and 78(2) of B.N.S., 2023, under the jurisdiction of Police Station Jajardeval, District Pithoragarh, pending before the Court of the learned Chief Judicial Magistrate, Pithoragarh, District Pithoragarh, 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.) 14.08.2025 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=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21 822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E6 7B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.08.14 19:04:46 +05'30' 2025:UHC:7176