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2026 DAILYLAW 4973 (UTT)

ABDUL HAKEEM AND OTHERS v. STATE OF UTTARAKHAND

C528/833/2026 · 2026-05-08

Alok Mahra

body2026

Judgment text

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2026:UHC:3524 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS C528 No.833 of 2026 Hon ’ble Alok Mah r a, J. Mrs. Aklema Praveen, Advocate for the applicants. Mr. Manoj Bhatt, Brief Holder for the State of Uttarakhand. Ms. Meenu Kashyap and Mr. Mohit KUmar, Advocates for respondent no.2. 2. Present C-528 application is filed with the prayer to set-aside/ quash the charge sheet dated 05.01.2019, cognizance/ summoning order dated 25.03.2019 and the entire proceedings of Criminal Case No.170 of 2019, pending in the Court of learned Additional Chief Judicial Magistrate, Ramnagar, District Nainital 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. Applicants as well as respondent no.2 are present in Court, who have been duly identified by their learned counsel. I t 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. Respondent no.2 has stated that, in view of the amicable settlement between the parties, she does not wish to pursue or prosecute the present proceedings against the applicants. 6. It is jointly submitted that all disputes and differences between the parties have been amicably settled and resolved. 2026:UHC:3524 7. Learned State Counsel vehemently opposed the compounding application. 8. 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. 9. 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.170 of 2019, pending in the Court of learned Additional Chief Judicial Magistrate, Ramnagar, District Nainital, are hereby quashed. 10. C-528 application stands disposed of. ( Alok Mah r a, J.) 08.05.2026 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: 2026.05.08 13:36:32 +05'30'