Research › Search › Judgment

High Court of Uttarakhand · body

2026 DAILYLAW 5975 (UTT)

AJMERI KHANAM v. STATE OF UTTARAKHAND

C528/1070/2026 · 2026-05-25

Ashish Naithani

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 2026:UHC:4116 C-528 No. 1070 of 2026 Ajmeri Khanam ….. Applicant Versus Sate of Uttarakhand and Another ….Respondents Hon’ble Ashish Naithani, J. Mr. Tribhuwan Chandra Pandey, learned counsel for the Applicant. 2. Mr. Rakesh Kumar Joshi, learned A.G.A. along with Mr. Manoj Bhatt, learned Brief Holder for the State of Uttarakhand. 3. Mr. Harshit Deopa, learned counsel for Respondent No. 3. 4. The present Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the Applicant seeking quashing of the charge- sheet dated 15.11.2024 arising out of Case Crime No. 01 of 2023, the impugned summoning order dated 12.05.2026 passed by the learned Judicial Magistrate, Gangolihat, District Pithoragarh, under Sections 420 and 120-B of the Indian Penal Code, as well as the entire proceedings of Criminal Case No. 112 of 2026 arising out of the aforesaid charge-sheet, pending before the Court of learned Judicial Magistrate, Gangolihat, District Pithoragarh. 5. Along with the present application, a Joint Compounding Application (I.A. No. 01 of 2026, Paper No. 31) has also been filed, bearing the signatures of the parties and duly endorsed by learned counsel for the Applicant, Mr. Tribhuwan Chandra Pandey, Advocate, and learned counsel for Respondent No. 3, Mr. Harshit Deopa, Advocate. The said application is supported by affidavits of the respective parties, wherein it has been averred that the parties have amicably resolved their disputes and Respondent No. 3 does not wish to pursue the matter any further. 6. Today, the Applicant is present in person and has been duly identified by her learned counsel, Mr. Tribhuwan Chandra Pandey, Advocate. Respondent No. 3 is also present in person and has been duly identified by his learned counsel, Mr. Harshit Deopa, Advocate. 7. This Court has interacted with Respondent No. 3. During the course of such interaction, he has categorically stated that he has amicably resolved the dispute with the Applicant and does not wish to pursue the matter any further. He has further stated that he has no objection in case the present application is allowed and the proceedings are quashed. 8. Per contra, learned State Counsel has opposed the Compounding Application with the submission that the offences alleged against the Applicant are serious in nature and affect society at large and, therefore, the Compounding Application ought not to be allowed. 9. During the course of interaction with this Court, Respondent No. 3 submitted that he was duped of an amount of approximately six lakhs on the pretext of making an investment through a social media platform relating to “Kaun Banega Crorepati (KBC)”. He further submitted that he was enticed by a person impersonating himself as “KBC Rana Pratap Singh” and, consequently, fell into the trap. Respondent No. 3 has further stated that the amount allegedly duped from him has since been returned and, therefore, he does not wish to pursue the matter any further. 10. Considering the peculiar facts and circumstances of the case, the stand taken by Respondent No. 3, and in order to secure the ends of justice as well as to prevent abuse of the process of law, this Court is of the considered opinion that no useful purpose would be served by permitting the criminal proceedings to continue further. 11. Accordingly, the Joint Compounding Application (I.A. No. 01 of 2026) deserves to be allowed and the entire proceedings of Criminal Case No. 112 of 2026 arising out of Case Crime No. 01 of 2023, under Sections 420 and 120-B of the Indian Penal Code, pending before the Court of learned Judicial Magistrate, Gangolihat, District Pithoragarh, are hereby quashed qua the present Applicant only. 12. Consequently, the Compounding Application (I.A. No. 01 of 2026) stands allowed. 13. In view of the above, the present Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, stands disposed of accordingly. (Ashish Naithani, J.) 25.05.2026 Shiksha