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2026 DAILYLAW 2684 (UTT)

SANJAY SINGH FARTYAL ALIAS ALVELA v. STATE OF UTTARAKHAND

C528/262/2026 · 2026-02-26

Alok Mahra

body2026

Judgment text

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2026:UHC:1311 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.262 of 2026 Hon’ble Alok Mahra, J. Mr. Sunder Singh Mehra, Advocate for the applicants. Mrs. Pushpa Bhatt, Additional Advocate General and Mr. S.C. Dumka, A.G.A. for the State of Uttarakhand. Ms. Geetanjali Dhami, Advocate for respondent nos.2 & 3. 2. Present C-528 application is filed with the prayer to set-aside/quash the impugned charge sheet, summoning order dated 23.12.2024 and the entire proceedings of Criminal Case No.2262 of 2024, pending in the Court of learned Chief Judicial Magistrate, Champawat on the basis of compromise between the parties. 3. Learned counsel for the applicants submits that the F.I.R. was initially registered against the applicants under Sections 147, 148, 295 and 307 of the I.P.C.; however, upon completion of investigation, the charge-sheet has been filed only under Sections 295, 323 and 341 of the I.P.C. It is further submitted that a bare perusal of the F.I.R. does not disclose the essential ingredients constituting an offence under Section 295 I.P.C. as against the applicants. Now, a Compounding application (I.A. No.1 of 2026) is filed in the matter, wherein it is prayed to compound the offence between the parties. 4. Parties appeared before this Court through V.C., who are duly identified by 2026:UHC:1311 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. 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 entire proceedings of Criminal Case No.2262 of 2024, pending in the Court of learned Chief Judicial Magistrate, Champawat, are hereby quashed. 9. C-528 application stands disposed of. (Alok Mahra, J.) 26.02.2026 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a 20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109 CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.02.26 16:24:53 +05'30'