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2026 DAILYLAW 5139 (UTT)

NIRMAL SINGH v. STATE OF UTTARAKHAND

C528/362/2026 · 2026-03-11

Alok Mahra

body2026

Judgment text

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2026:UHC:1596 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 / 3 6 2 / 2 0 2 6 Hon ’ble Alok Mah r a, J. Mr. Saurabh Kumar Pandey, learned counsel for the applicant. 2. Mr. V.S. Pal, learned A.G.A. for the State. 3. Mr. Mohit Pande, learned counsel for respondent no.2. 4. The present C-528 application has been filed seeking quashing of the charge-sheet as well as the summoning/cognizance order dated 06.11.2023 passed in Criminal Case No. 4472 of 2023, under Sections 447, 504, 34 I.P.C., pending in the court of learned Judicial Magistrate, Haldwani, District Nainital, along with the entire proceedings of the aforesaid case. 5. Learned counsel for the applicants would submit that respondent no.2/complainant lodged an F.I.R. dated 13.05.2023 alleging therein that the applicants along with other co-accused persons, with an intention to take possession of the premises which they had purchased through e-auction, forcibly entered the house and threw out the belongings of the guard deployed by the respondent no.2/complainant. After completion of investigation, the Investigating Officer submitted a charge- sheet, upon which the learned court 2026:UHC:1596 below took cognizance and summoned the applicants to face trial. 6. Learned counsel for the applicants would further submit that during the pendency of the proceedings the parties have amicably settled their dispute outside the Court. In this regard, a joint compounding application along with affidavits of the applicants and respondent no.2/complainant has been filed stating that the dispute has been resolved between them and respondent no.2 does not wish to pursue the criminal proceedings any further. Therefore, it has been prayed that the entire criminal proceedings be quashed in view of the compromise arrived at between the parties. 7. Learned counsel appearing for respondent no.2/complainant does not dispute the aforesaid fact and fairly submits that the dispute between the parties has been settled amicably. 8. Applicant no.1 Nirmal Singh, applicant no.2 Amritpal Singh, and respondent no.2/complainant are present in person before the Court and have been duly identified by their respective counsel. Upon interaction with the Court, respondent no.2/complainant states that the matter has been resolved amicably between the parties and he does not wish to prosecute the applicants any further. He has no objection if the criminal proceedings are quashed in terms of the compromise. 2026:UHC:1596 9. Learned State Counsel opposes the application; however, he does not dispute the factum of compromise entered into between the parties. 10. Heard learned counsel for the parties and perused the record. 11. From the perusal of the record, it transpires that the dispute between the parties arises out of a private dispute relating to possession of property, and the offences alleged against the applicants are under Sections 447 and 504 I.P.C., which are essentially of a personal nature and do not involve any element of grave public interest. 12. The Hon’ble Supreme Court in Gian Singh vs. 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., can quash criminal proceedings in appropriate cases where the parties have settled their dispute and the offences are predominantly of a private nature. Similar view has been reiterated in Narinder Singh vs. State of Punjab (2014) 6 SCC 466 and State of Madhya Pradesh vs. Laxmi Narayan (2019) 5 SCC 688, wherein it has been held that criminal proceedings arising out of personal disputes may be quashed if the parties have amicably settled the matter and continuation of proceedings would amount to abuse of the process of Court. 13. Considering the nature of allegations, the compromise arrived at 2026:UHC:1596 between the parties, and the statement of respondent no.2 that he does not wish to pursue the matter any further, this Court is of the view that no useful purpose would be served in continuing the criminal proceedings. 14. Accordingly, the compounding application is allowed. Consequently, the present C-528 application is also allowed. The charge-sheet and summoning/cognizance order dated 06.11.2023 passed in Criminal Case No. 4472 of 2023 under Sections 447, 504, 34 I.P.C., pending in the court of learned Judicial Magistrate, Haldwani, District Nainital, as well as the entire proceedings of the aforesaid criminal case, are hereby quashed qua the applicants. 15. Pending applications, if any, stand disposed of accordingly. ( Alok Mah r a J.) 11.03.2026 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=6a812005bebfcf46 f244f3e584af1449e430ef90 0bf09a6d67ebbd64267132 9b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1 d9cabfd54852c9e68911ca8 b66dd26690a191648ab5d8 dd004ef0, cn=MAMTA RANI Date: 2026.03.13 16:50:18 +05'30'