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2026 DAILYLAW 5547 (UTT)

LALIT PANDEY v. STATE OF UTTARAKHAND

C528/1067/2026 · 2026-05-20

Alok Mahra

body2026

Judgment text

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2026:UHC:3926 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 / 1 0 6 7 / 2 0 2 6 Hon ’ble Alok Mah r a, J. Mr. Abhishek Joshi, learned counsel for the applicant. 2. Mr. S.C. Dumka, learned A.G.A. along with Mr. Nikhil Bisht, learned Brief Holder for the State. 3. Ms. Reema Rana, learned counsel for respondent nos.2 to 4. 4. Present C-528 application has been filed seeking quashing of the charge-sheet, cognizance/summoning order dated 25.03.2022 under Sections 323, 452, 504 I.P.C. as well as the entire proceedings of the Criminal Case No.1174 of 2022 pending before the court of learned Additional Chief Judicial Magistrate, Haldwani, Nainital. 5. Learned counsel for the applicants would submit that the F.I.R. was lodged by the complainant alleging therein that the applicants, in an inebriated state, entered the house of the complainant after kicking open the door and thereafter assaulted and abused respondent no.2 and her family members. Upon completion of investigation, the Investigating Officer filed a chargesheet against the present applicant. 6. Learned counsel would further 2026:UHC:3926 submit that, with the intervention of respectable members of society, the parties have amicably resolved their dispute. In this regard, a joint compounding application, being I.A. No. 1 of 2026, duly supported by affidavits of both the applicants and respondents, has been filed before this Court. The application records that the compromise has been entered into voluntarily, out of free will, and without any coercion, pressure, or undue influence. Respondents have unequivocally stated that they do not wish to pursue the criminal proceedings against the applicant. 7. Applicant is present in person before this Court and respondents are present through Video Conferencing and have been duly identified by their respective learned counsel. Upon interaction with respondent no.2, she affirmed the factum of compromise and reiterated that the matter has been amicably settled between the parties. 9. Learned State counsel would oppose the compounding 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 material available on record. 11. From the material brought on record as well as the statements made 2026:UHC:3926 before this Court, it transpires that the dispute between the parties arose out of personal discord and the same is essentially private in nature. The compromise entered into between the parties appears to be genuine, voluntary and free from any coercion or undue influence. 12. It is well settled that even in respect of non-compoundable offences, the High Court, in exercise of its inherent jurisdiction under Section 482 Cr.P.C./Section 528 B.N.S.S., can quash criminal proceedings where the dispute is predominantly private in nature and continuance of such proceedings would amount to abuse of the process of the Court. In Gian Singh v. State of Punjab, the Hon’ble Supreme Court held that criminal proceedings involving offences of personal nature may be quashed where the parties have amicably settled their dispute and the ends of justice so require. Similar principles have been reiterated in Narinder Singh v. State of Punjab and Parbatbhai Aahir v. State of Gujarat, wherein the Hon’ble Apex Court has laid down the parameters governing exercise of inherent powers for quashing proceedings on the basis of compromise. 13. Considering the nature of allegations levelled in the F.I.R., the amicable settlement arrived at between the parties and the categorical stand 2026:UHC:3926 taken by respondent no. 2 that she does not wish to prosecute the matter further, this Court is of the considered opinion that continuance of the criminal proceedings would serve no fruitful purpose and the same would amount to abuse of the process of law. 14. Accordingly, the compounding application being I.A. No. 1 of 2026 is allowed. Consequently, the charge- sheet, cognizance/summoning order dated 25.03.2022 as well as the entire proceedings of the Criminal Case No.1174 of 2022 pending before the court of learned Additional Chief Judicial Magistrate, Haldwani, Nainital are hereby quashed. 16. The present C-528 application is, accordingly, allowed. 17. Pending applications, if any, also stand disposed of. ( Alok Mah r a, J.) 20.05.2026 Mamta MAMTA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f244f3e584af1449e430ef900 bf09a6d67ebbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d9cabfd54852c9e68911ca8 b66dd26690a191648ab5d8dd004ef0, cn=MAMTA RANI Date: 2026.05.22 13:48:19 +05'30'