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2026 DAILYLAW 2585 (UTT)

DEVENDER SINGH NAINWAL v. STATE OF UTTARAKHAND

C528/480/2026 · 2026-03-20

Ashish Naithani

body2026

Judgment text

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SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 2026:UHC:1974 IA No.1/2026 (Compounding Application) with C528 No.480 of 2026 Hon’ble Ashish Naithani, J. Mr. Manoj Joshi, learned counsel for the Applicant. 2. Mr. S.C. Dumka, learned AGA, for the State of Uttarakhand/1 & 2. 3. Mr. Devesh Saini, learned counsel for the private Respondent No.3. 4. In the present Application filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 the Applicant has put a challenge to the entire proceedings of Criminal Case No.3509 of 2023, “State Vs. Devender Singh Nainwal” under Sections 324, 352, 504 and 506 of IPC, against the Applicant, which is pending before the court of learned Judicial Magistrate, Haldwani, District Nainital. 5. Applicant and Respondent No.3 have been duly identified by their learned counsel. 6. There is a compounding application filed on behalf of the parties as Paper No.42, wherein, both the parties i.e. Applicant and the Respondent No.3 have annexed their signatures and duly endorsed by the learned counsel for the parties. The application is also supported with an affidavit of the parties. 7. Today, the matter is listed for disposal of the aforesaid compounding application. 8. As per the compounding application, there is a joint submissions on behalf of the Applicant as well as the Respondent No.3 that the incident happened due to misunderstanding, and now they have reconciled the matter and have come into the terms of the compromise and hence the compounding application may be allowed and the matter may be disposed of accordingly. 9. This Court is of the considered view that the grounds for compounding are sufficient, though the said compounding application is being opposed on behalf of the learned State Counsel with a contention that the matter is of serious in nature. 10. Considering the overall facts and circumstance of the case, and particularly, the fact that the parties have settled their dispute amicably, this Court finds ground sufficient for allowing the compounding application. 11. Heard learned counsel for the parties and perused the material available on record. 12. In view of the principle of law laid down by Hon'ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303 as well as in Transfer Petition (Criminal) No. 115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, criminal proceedings can be quashed by this Court, if this Court is satisfied that matter has been settled between the parties amicably and parties are interested to restore peace and harmony between them. 13. In view of the above, the compounding application is allowed. The entire proceedings of the Criminal Case No.3509 of 2023, “State Vs. Devender Singh Nainwal” under Sections 324, 352, 504 and 506 of IPC, against the Applicant, which is pending before the court of learned Judicial Magistrate, Haldwani, District Nainital, are hereby quashed. 14. The Criminal Miscellaneous Application, filed under 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 is disposed of accordingly. (Ashish Naithani, J.) 20.03.2026 Nitesh/