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2026 DAILYLAW 446 (UTT)

KAMAL SINGH DANU AND ORS v. STATE OF UTTARAKHAND

C528/2078/2025 · 2026-02-10

Alok Mahra

body2026

Judgment text

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2026:UHC:746 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528/2078/2025 Hon’ble Alok Mahra, J. Mr. Deepak Joshi, learned counsel for the applicants. 2. Ms. Pushpa Bhatt, learned Deputy A.G. along with Mr. S.C. Dumka, learned A.G.A. along with Mr. Prabhat Kandpal, learned Brief Holder for the State. 3. Mr. Pankaj Binwal, learned counsel for respondent nos. 2 & 3. 4. The present C-528 application has been filed invoking the inherent jurisdiction of this Court under Section 482 Cr.P.C. seeking quashing of the entire criminal proceedings of Criminal Case No. 1522 of 2024, arising out of offences punishable under Sections 324, 504 and 506 I.P.C., pending before the Court of learned 1st Additional Civil Judge (Junior Division)/Judicial Magistrate, Haldwani, District Nainital, on the basis of a compromise arrived at between the parties qua the present applicants. 5. In support thereof, a compounding application (I.A. No. 1 of 2025) has been filed along with affidavits of the applicants as well as respondent nos. 2 and 3/complainants, wherein it has been categorically stated that the parties have amicably settled their dispute and that respondent nos. 2 and 3 do not wish to prosecute the applicants any further. 6. The applicants as well as respondent nos. 2 and 3 are present before this Court and have been duly 2026:UHC:746 identified by their respective learned counsel. Upon interaction with the Court, respondent nos. 2 and 3 have unequivocally stated that the compromise has been entered into voluntarily, without any pressure, coercion or undue influence, and that they have no objection if the criminal proceedings against the applicants are quashed. 7. Learned State counsel has vehemently opposed the compounding application on the ground that the offence under Section 324 I.P.C. is non- compoundable. However, he does not dispute the factum of compromise arrived at between the parties. 8. Per contra, learned counsel for the applicants submits that the dispute in question is purely personal in nature, arising out of a private altercation between the parties, and does not involve any element of public interest or societal impact. It is further submitted that in view of the amicable settlement, continuation of the criminal proceedings would amount to an abuse of the process of law and that this Court is empowered to quash such proceedings in exercise of its inherent powers under Section 482 Cr.P.C. to secure the ends of justice. 9. Heard learned counsel for the parties and perused the record. 11. The Hon’ble Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, has held that the High Court, in exercise of its inherent powers under Section 482 Cr.P.C., may quash criminal proceedings even in respect of non- compoundable offences where the dispute is essentially private and personal in nature and where continuation of the proceedings would 2026:UHC:746 serve no useful purpose. 11. Further, in Narinder Singh & Others v. State of Punjab, (2014) 6 SCC 466, the Hon’ble Supreme Court has laid down guiding principles for quashing criminal proceedings on the basis of compromise, emphasizing that where the offences are not heinous, do not involve moral turpitude, and do not have a serious impact on society at large, the High Court may exercise its inherent jurisdiction to secure the ends of justice. 12. In the present case, the offences alleged under Sections 324, 504 and 506 I.P.C. have arisen out of a private dispute between the parties. The compromise arrived at appears to be genuine, voluntary and free from any coercion or undue influence. In the considered opinion of this Court, no useful purpose would be served by permitting the criminal proceedings to continue. 13. Accordingly, the compounding application (I.A. No. 1 of 2025) is allowed. Consequently, the present C- 528 application is also allowed. The entire criminal proceedings of Criminal Case No. 1522 of 2024, pending before the Court of learned 1st Additional Civil Judge (Junior Division)/Judicial Magistrate, Haldwani, District Nainital, arising out of offences punishable under Sections 324, 504 and 506 I.P.C., are hereby quashed qua the applicants. 14. Pending applications, if any, shall also stand disposed of accordingly. [ (Alok Mahra, J.) 10.02.2026 Mamta