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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. 393 of 2026 Hon’ble Alok Mahra, J.
Mr. Yogesh Pant, learned counsel for the applicant. 2. Mr. Pradeep Lohani, learned A.G.A. for the State. 3. Ms. Archita Badoni, learned counsel for respondent no. 2. 4. Present C-528 application is filed with the prayer to set-aside the entire proceedings of Criminal Case No. 1559 of 2023, State Vs. Vyom Sharan, under Sections 279 and 304A of IPC, pending in the court of learned Additional Civil Judge (Jr. Div.)/Judicial Magistrate, Khatima, District Udham Singh Nagar, on the basis of compromise between the parties. 5. Compounding application (IA/1/2026) is also filed in the matter wherein it is prayed to compound the offence between the parties under Sections 279 and 304A of IPC. 6. Learned counsel for the applicants submits that the parties have amicably settled their dispute and have entered into a compromise. 7. Parties are present before this Court and are duly identified by their respective counsels. Parties have also filed their respective affidavits stating the facts of compromise between them. Applicant is a surgeon by profession and respondent no. 2 has done hotel management course. 8. Learned State Counsel raised a
preliminary objection to the effect that the offences sought to be compounded are non- compoundable. 9. However, the Hon’ble Apex Court in the case of B.S. Joshi and others Vs. State of Haryana reported in (2003) 4 S.C.C., Page 675, has permitted compounding of non- compoundable offences with the permission of Court. 10. Furthermore, 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. 11. Following the aforesaid ratio, present compounding application (IA/1/2026) is allowed. The offences between the parties are permitted to be compounded. As a result, the entire proceedings of Criminal Case No. 1559 of 2023, State Vs. Vyom Sharan, under Sections 279 and 304A of IPC, pending in the court of learned Additional Civil Judge (Jr. Div.)/Judicial Magistrate, Khatima, District Udham Singh Nagar are hereby quashed qua the applicant. FIR and charge-sheet filed pursuant thereto stand quashed. 12.
C-528 application stands disposed of in the aforesaid terms. (Alok Mahra J.)
12.03.2026 Ujjwal