Extracted from the PDF above. The PDF is authoritative.
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.117 of 2026 Hon’ble Alok Mahra, J.
Mr. Amit Kapri, learned counsel for the applicant.
2. Mr. Vikash Uniyal, learned Brief Holder for the State.
3. Mr. Deep Prakash Bhatt, learned counsel for private respondents. 4 Present C-528 application has been filed for quashing the charge-sheet as well as the summoning/cognizance
order dated 07.07.2023 passed by the learned Sessions Judge, Pithoragarh in Session Trial No. 17 of 2023, arising out of Case Crime No. 04 of 2023, registered for offences under Sections 420, 406, 120-B of I.P.C. and Section 3 of the Uttarakhand Protection of Interest of Depositors (In Financial Establishment) Act, 2005, along with the entire criminal proceedings arising therefrom.
5.
Learned counsel appearing for the applicant and the respondents jointly submit that the dispute between the parties essentially arose out of a purely private monetary transaction. It is further submitted that the parties have now amicably resolved their dispute and, pursuant thereto, a joint compounding/settlement application has been filed before this Court. The respondents have categorically stated that, in view of the settlement, they do not wish to pursue the criminal proceedings against the applicant any further.
6. The applicant as well as the respondents are present before this
Court through Video Conferencing and have been duly identified by their respective
learned counsel. The complainant/ respondent submits that the F.I.R. was lodged against the present applicant due to a misunderstanding, and that during investigation the actual accused has since been apprehended by the police, therefore, the proceedings against the applicant be quashed.
7. Considering the nature of the allegations, the fact that the dispute is predominantly civil and personal in character, the amicable settlement arrived at between the parties, and the law laid down by the Hon’ble Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303 and Narinder Singh v. State of Punjab, (2014) 6 SCC 466, this Court is of the view that continuation of the criminal proceedings would be an abuse of the process of law and that the ends of justice would be served by quashing the same.
8. Accordingly, the compounding application is allowed. The C-528 application is also allowed. The charge- sheet, summoning/cognizance
order dated 07.07.2023, and the entire criminal proceedings in Session Trial No. 17 of 2023, arising out of Case Crime No. 04 of 2023, pending before the learned Sessions Judge, Pithoragarh, are hereby quashed qua the applicants.
9. All pending applications, if any, stand disposed of accordingly.
(Alok Mahra, J.)
Vacation Judge
23.01.2026 Mamta