Extracted from the PDF above. The PDF is authoritative.
2026:UHC:1366 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
C5 2 8 / 2 9 6 / 2 0 2 6
Hon ’ble Alok Mah r a, J.
Mr. Faizan Ali, learned counsel for the applicant.
2. Mr. Deepak Bisht, learned Deputy A.G. along with Mr. Prabhat Kandpal, learned Brief Holder for the State.
3. Mr. Mohd. Safdar, learned counsel for respondent nos.2 & 3.
4. Present C-528 application has been filed seeking quashing of the charge-sheet, cognizance/summoning
order dated 19.04.2023 passed by the learned Judicial Magistrate, Kiccha, District Udham Singh Nagar in Criminal Case No. 599 of 2023, under Sections 147, 323, 504 I.P.C., as well as the entire criminal proceedings arising therefrom.
5.
Learned counsel for the applicant would submit that the F.I.R. was lodged on 28.04.2022 against the applicant alleging that the complainant and her family members were assaulted by the applicant, resulting in injuries. Upon completion of investigation, the Investigating Officer submitted a charge-sheet against the applicant, whereupon the learned trial court took cognizance and issued summons. 6. It is further submitted that the applicant and the complainants/respondent nos. 2 and 3 have now amicably resolved their dispute and do not wish to pursue the criminal proceedings any further. In support thereof, a joint compounding application (IA No. 1 of 2026), along with
2026:UHC:1366 affidavits of the applicant and the complainants, has been filed stating that the complainants do not wish to prosecute the applicant. 7. The applicant and respondent no. 2/complainant are present in person, and respondent no. 3/injured is present through Video Conferencing. They have been duly identified by their respective counsel. Upon interaction, respondent nos. 2 and 3 have stated that the dispute has been amicably settled and that they do not wish to prosecute the applicant further. 8. Learned State Counsel opposes the application on the ground that the allegations include an offence under Section 147 I.P.C., which is non-compoundable in nature. However, learned State Counsel does not dispute the factum of compromise between the parties or the filing of the joint compounding application. 9. Heard learned counsel for the parties and perused the record. 10. The compounding application supported by affidavits of the parties is on record. Though the offences alleged include Section 147 I.P.C., which is non- compoundable, it is well settled that in exercise of inherent powers under Section 482 Cr.P.C., this Court may quash criminal proceedings in appropriate cases where the dispute is essentially of a private nature and the possibility of conviction is remote on account of settlement between the parties. 11.
In this regard, reference may be made to the principles laid down by the Hon’ble Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303; Narinder Singh v. State of Punjab, (2014) 6 SCC 466; and
2026:UHC:1366 Parbatbhai Aahir v. State of Gujarat, (2017) 9 SCC 641, wherein it has been held that the High Court, in exercise of its inherent jurisdiction, may quash non-compoundable offences where the dispute is predominantly private in nature and continuation of proceedings would amount to abuse of the process of law, provided the offences do not fall within the category of heinous and serious offences having grave societal impact. 12. Considering the nature of the allegations, the background of the dispute, the factum of compromise, and the categorical statements of respondent nos. 2 and 3 that they do not wish to pursue the matter further, this Court is of the view that the possibility of conviction is remote and continuation of criminal proceedings would serve no useful purpose. 13. Accordingly, the C-528 application is allowed. 14. The charge-sheet, cognizance/ summoning order dated 19.04.2023 passed by the learned Judicial Magistrate, Kiccha, District Udham Singh Nagar in Criminal Case No. 599 of 2023, as well as the entire criminal proceedings arising therefrom, are hereby quashed qua the applicant. 15. Pending applications, if any, shall stand disposed of accordingly. ( Alok Mah r a J.)
26.02.2026 Mamta
MA MTA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f2 44f3e584af1449e430ef900bf0 9a6d67ebbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d9 cabfd54852c9e68911ca8b66d d26690a191648ab5d8dd004ef 0, cn=MAMTA RANI Date: 2026.02.27 19:31:24 +05'30'