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2026 DAILYLAW 1775 (UTT)

NAWAZ KHAN v. STATE OF UTTARAKHAND

C528/2204/2025 · 2026-02-09

Alok Mahra

body2026

Judgment text

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2026:UHC:717 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528 No.2204 of 2025 Hon’ble Alok Mahra, J. Ms. Swaleha Hussain, Advocate for the applicant. Mr. K.S. Bora, Deputy Advocate General for the State of Uttarakhand. Ms. Mamta Arya, Advocate, holding brief of Mr. Siddharth Tomar, Advocate for respondent nos.2 & 3. 2. Present C-528 application is filed with the prayer to set-aside/quash the charge sheet dated 29.11.2022 and the entire proceedings of Sessions Trial No.32 of 2023, pending in the Court of learned VIIIth Additional Sessions Judge, Dehradun on the basis of compromise between the parties. 3. Compounding application (I.A. No.1 of 2025) is also filed in the matter wherein it is prayed to compound the offence between the parties. 4. It is reported that applicant is in jail. Respondent no.2 as well as respondent no.3 appeared before this Court virtually, who are duly identified by their respective counsel. Parties have also filed their respective affidavits stating the facts of compromise between them. 5. It is jointly submitted by the parties that they have settled their scores. 6. Learned State Counsel vehemently opposed the compounding application. 2026:UHC:717 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 is allowed. The offences between the parties are permitted to be compounded. As a result, entire proceedings of Sessions Trial No.32 of 2023, pending in the Court of learned VIIIth Additional Sessions Judge, Dehradun, are hereby quashed. Liberty is granted to the applicant, who is in jail, to approach the Magistrate concerned for obtaining the order for his release. 9. C-528 application stands disposed of. (Alok Mahra, J.) 09.02.2026 Arpan