WING COMMANDER KUMUD SETHI (RETD) AND ANR v. STATE OF UTTARAKHAND
C528/1160/2025 · 2026-02-10
Alok Mahra
body2026
DailyLaw.ai
[ 2026 DAILYLAW 1455 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1455 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:UHC:743 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
C528/1160/2025
Hon’ble Alok Mahra, J.
Mr. D.S. Negi proxy counsel for Mr. Siddhartha Singh, learned counsel for the applicants.
2. Mr. Dinesh Chauhan, learned Brief Holder for the State.
3. Mr. Sagar Kothari, learned counsel for respondent no.3.
4. Present C-528 application has been filed invoking the inherent jurisdiction of this Court under Section 482 Cr.P.C., seeking quashing of the charge-sheet as well as the summoning/cognizance
order dated 21.10.2022 passed by the learned 3rd Additional Chief Judicial Magistrate, Dehradun in Criminal Case No. 7081 of 2022, along with the entire criminal proceedings of the aforesaid case.
5.
Brief facts giving rise to the present application are that respondent no.3/complainant lodged an F.I.R. against the applicants under Sections 323, 452, 504 and 506 I.P.C., alleging that the applicants had trespassed into his house, abused him, assaulted him, and extended threats to his life and limb. Upon completion of investigation, the Investigating Officer submitted a charge-sheet, pursuant to which the learned Magistrate took cognizance of the offences and summoned the applicants to face trial. Aggrieved by the
2026:UHC:743 said proceedings, the applicants have approached this Court by way of the present application.
6. During the pendency of the proceedings, a compounding application (I.A. No. 3 of 2026) along with affidavits sworn by the applicants and respondent no.3 has been filed, wherein it has been categorically stated that the dispute between the parties has been amicably settled outside the Court and that respondent no.3 does not wish to prosecute the applicants any further.
7. The applicants as well as respondent no.3 are present before this Court through Video Conferencing and have been duly identified by their respective learned counsel.
8. Upon interaction, respondent no.3 has unequivocally stated before this Court that the compromise has been entered into voluntarily, without any pressure, coercion or undue influence, and that he has no objection if the criminal proceedings pending against the applicants are quashed.
9. Learned State counsel would vehemently oppose the compounding application on the ground that the offence under Section 452 I.P.C. is non- compoundable; however, he does not dispute the factum of compromise between the parties.
10. Per contra, learned counsel for the applicants submits that the dispute is purely personal in nature, arising out of a private altercation between the parties, and does not involve any element of public interest. It is further submitted
2026:UHC:743 that in view of the compromise, continuation of the criminal proceedings would amount to abuse of the process of law, and this Court is empowered to quash the proceedings in exercise of its inherent powers under Section 482 Cr.P.C.
11. Heard
learned counsel for the parties and perused the record.
12. The Hon’ble Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, has held that the High Court, in exercise of its inherent powers under Section 482 Cr.P.C., may quash criminal proceedings involving non- compoundable offences where the dispute is essentially of a private and personal nature and continuation of the proceedings would serve no useful purpose.
13. Further, in Narinder Singh & Ors. v. State of Punjab, (2014) 6 SCC 466, the Hon’ble Supreme Court has laid down guiding principles for quashing criminal proceedings on the basis of compromise, emphasizing that where the offences do not involve heinous crimes, moral turpitude, or offences having a serious impact on society at large, the High Court may exercise its inherent jurisdiction to secure the ends of justice.
14. In the present case, the offences alleged under Sections 323, 452, 504 and 506 I.P.C. arise out of a private dispute between the parties. The compromise arrived at appears to be genuine, voluntary, and free from any coercion or undue influence. No useful purpose would be served by permitting
2026:UHC:743 the criminal proceedings to continue.
15. Accordingly, the compounding application (I.A. No. 3 of 2026) is allowed. Consequently, the present C- 528 application is also allowed. The charge-sheet as well as the summoning/cognizance
order dated 21.10.2022 passed by the learned 3rd Additional Chief Judicial Magistrate, Dehradun in Criminal Case No. 7081 of 2022, along with the entire criminal proceedings arising therefrom, are hereby quashed qua the applicants.
16. Pending applications, if any, shall also stand disposed of accordingly.
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(Alok Mahra, J.)
10.02.2026 Mamta