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2026 DAILYLAW 2338 (UTT)

HEMCHANDRA SHARMA v. STATE OF UTTARAKHAND

C528/52/2026 · 2026-03-23

Ashish Naithani

body2026

Judgment text

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SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 2026:UHC:2013 C528 No.52 of 2026 Hemchandra Sharma Vs. State of Uttarakhand and Another With (Compounding Appl. No.02 of 2025) Hon’ble Ashish Naithani, J. Mr. A M. Saklani, learned counsel for the Applicant. 2. Mrs. Pushpa Bhatt, learned Deputy Advocate General with Mr. S.C. Dumka, learned AGA for the State. 3. Mr. Harendra Belwal, learned counsel for Respondent no.2. 4. Present application has been filed by the applicant under Section 528 of B.N.S.S. alongwith compounding application, paper no.30, same is supported with the affidavits of applicant and respondent no.2 and signatures of the parties have been annexed therein. 5. By means of this 528 application, applicant has sought quashing of the summoning and cognizance order dated 12.12.2025 as well as the entire proceedings of Criminal Case No.1129 of 2025 State vs. Hemchandra Sharma passed by Additional Chief Judicial Magistrate, Nainital, FIR No.0023 of 2025 under Section 115, 351 & 352 of BNS, Police Station Bhimtal, District Nainital. 6. Applicant as well as respondent nos.2 & 3 are present in the Court. They are duly identified by their respective counsels. 7. Learned counsel for the parties have filed their respective affidavits along with the compounding application stating therein that they do not wish to pursue the present criminal case any further and a compromise has been entered between them. 8. Learned State counsel has opposed the compounding application and submits that some of the offences are not compoundable. 9. Heard learned counsel for the parties and perused the material available on record. 10. Having heard learned counsel for the parties and in view of the above, the compounding application is allowed. The entire proceedings of Criminal Case No.1129 of 2025 State vs. Hemchandra Sharma under Section 115, 351 & 352 of BNS, Police Station Bhimtal, District Nainital are hereby quashed. 11. Accordingly instant Criminal Misc. Application stands disposed of. (Ashish Naithani, J.) 23.03.2026 Arti