Extracted from the PDF above. The PDF is authoritative.
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. 261 of 2026 Hon’ble Alok Mahra, J.
Mr. Deepak Petshali, learned counsel for the applicants.
2. Mr. K.S. Bora, learned D.A.G. for the State.
3. Mr. Venkatesh,
learned counsel for respondent no. 2.
4. Present C-528 application is filed with the prayer to set-aside/quash the charge- sheet, cognizance/summoning order as well as the entire proceedings of Criminal Case No. 164 of 2025, State Vs. Anant Kumar and Others, under Sections 318(4) and 61(2) of BNS, pending in the court of learned Judicial Magistrate, Ukhimath, District Rudraprayag, 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 318(4) and 61(2) of BNS.
6.
Learned counsel for the applicants submits that the parties have amicably settled their dispute and have entered into a compromise.
7. Parties are virtually 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.
8. Respondent No. 2/complainant has submitted he has received back the entire
amount of Rs. 1,91,812/- from the applicant. He further submits that he does not want to proceed with this case.
9. On the last occasion, State was granted time to seek instruction with regard to criminal history of the applicants. Today, learned State Counsel would submit that they have not received any instructions regarding criminal history of the applicants.
10. 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. 164 of 2025, State Vs. Anant Kumar and Others, under Sections 318(4) and 61(2) of BNS, pending in the court of learned Judicial Magistrate, Ukhimath, District Rudraprayag, are hereby quashed qua the applicants. FIR and charge-sheet filed pursuant thereto stand quashed.
12. C-528 application stands disposed of in the aforesaid terms.
(Alok Mahra J.)
10.03.2026 Ujjwal