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2026 DAILYLAW 4318 (UTT)

HIMANSHU SAINI v. STATE OF UTTARAKHAND

C528/839/2026 · 2026-04-29

Alok Mahra

body2026

Judgment text

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2026:UHC:3243 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.839 of 2026 Hon’ble Alok Mahra, J. Mr. Parikshit Saini, Advocate for the applicant. Mr. Manoj Bhatt, Brief Holder for the State of Uttarakhand. Ms. Sukhwani Singh, Advocate for respondent no.2. 2. Present C-528 application is filed with the prayer to set-aside/quash the charge sheet dated 25.09.2018, cognizance/ summoning order dated 02.05.2019 and the entire proceedings of Criminal Case No.656 of 2020, pending in the Court of learned Judicial Magistrate-III, Haridwar on the basis of compromise between the parties. 3. Compounding application (I.A. No.1 of 2026) is also filed in the matter wherein it is prayed to compound the offence between the parties. 4. Applicant as well as respondent no.2 joined the proceedings through Video Conferencing, who have been duly identified by their learned counsel. It is further submitted that the respondent no.2 has already filed affidavit in support of the compounding application, affirming the factum of compromise arrived at between the parties. 5. It is jointly submitted by the parties that the dispute inter se them has been amicably settled out of court, and they have mutually resolved all differences arising therefrom. Learned counsel for the applicant further submits that the applicant and respondent no.2 have decided to part ways consensually. Accordingly, they have filed a petition under Section 27 of the U.C.C., 2026:UHC:3243 before the Family Court, wherein the first motion has already been granted. The respondent no.2 has no intention to prosecute the applicant in the present proceedings. 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 Criminal Case No.656 of 2020, pending in the Court of learned Judicial Magistrate-III, Haridwar, are hereby quashed. 9. C-528 application stands disposed of. (Alok Mahra, J.) 29.04.2026 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=eabb68a3895e41937c266c23964c0485365445e3a20dddb739339 8f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB987446351E4 DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.04.29 16:36:28 +05'30'