Extracted from the PDF above. The PDF is authoritative.
2026:UHC:3197 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.54 of 2024 Hon’ble Alok Mahra, J.
Mr. Pranav Singh, Advocate for the applicant.
Mr. Rakesh Kumar Joshi, A.G.A. and Mr. Manoj Bhatt, Brief Holder for the State of Uttarakhand.
Mr. Manvendra Singh, Advocate for respondent no.2.
2. Present C-528 application is filed with the prayer to set-aside/quash the charge sheet dated 04.08.2016, cognizance/summoning
order dated 23.08.2016 and the entire proceedings of Criminal Case No.438 of 2016, pending in the Court of learned Judicial Magistrate, Vikasnagar, District Dehradun.
3. An F.I.R. was lodged by respondent no.2 on 30.06.2012 at Police Station Sahaspur, District Dehradun. Upon completion of investigation, a charge sheet was submitted against the applicant under Sections 420, 166 and 120-B of the Indian Penal Code. Cognizance was thereafter taken and the matter proceeded to trial, being registered as Criminal Case No. 438 of
2016.
4. The allegation against the applicant pertains to his role as Registrar Kannongo at Tehsil Vikasnagar at the relevant time, wherein it is alleged that in Mutation Case No.2927/11-12, instituted on the application of one Ramesh Kakkar, he failed to issue notice
2026:UHC:3197 to the concerned opposite parties.
5.
Learned counsel for the applicant submits that the dispute between the parties has since been amicably settled and the matter stood compounded by a Coordinate Bench of this Court vide order dated 21.12.2022. It is further submitted that the complainant, examined as P.W.3, has categorically deposed that he had in fact received notice in the mutation proceedings. This material admission goes to the root of the prosecution case and demolishes the very substratum of the allegations levelled against the applicant. Consequently, the foundational basis of the charge sheet no longer survives.
6. Heard
learned counsel for the parties and perused the record. The offences alleged are predominantly arising out of a dispute of civil nature relating to mutation proceedings, and no element of criminal intent can be sustained in light of the subsequent developments and the testimony of the complainant himself. Continuation of the criminal proceedings in such circumstances would amount to an abuse of the process of the Court. It is also pertinent to note that the parties have resolved their dispute and are no longer interested in pursuing the matter. The possibility of conviction, in view of the compromise and the material on record, is extremely remote. Therefore, allowing the proceedings to continue would serve no useful or fruitful purpose and would only result in unnecessary harassment of the applicant.
7. In view of the settled position of law that where the dispute is essentially
2026:UHC:3197 private in nature and the chances of conviction are bleak, the Court may exercise its inherent jurisdiction to secure the ends of justice, this Court finds it to be a fit case for interference.
8. Accordingly, the present criminal misc. application is allowed and the entire proceedings of Criminal Case No. 438 of 2016, pending before the Court of learned Judicial Magistrate, Vikasnagar, District Dehradun, are hereby quashed, qua the applicant.
(Alok Mahra, J.)
28.04.2026 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=eabb68a3895e41937c266c23964c048536544 5e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C 5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.04.28 14:26:55 +05'30'