Extracted from the PDF above. The PDF is authoritative.
2026:UHC:4399 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
C528 No.1199 of 2026 Hon’ble Alok Mahra, J.
Mr. Mukesh Singh Rawat, Advocate for the applicant. Mr. S.C. Dumka, A.G.A. for the State of Uttarakhand. Ms. Chitra Joshi, Advocate for respondent nos.2 & 3. 2. Present C-528 application is filed with the prayer to set-aside/quash the charge sheet dated 21.03.2026, cognizance/ summoning order dated 25.05.2026 and the entire proceedings of Criminal Case No.25 of 2026, pending in the Court of learned Judicial Magistrate, Gairsain, Chamoli, 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. Applicant as well as respondent nos.2 & 3 are present before the Court, who have been duly identified by their learned counsel. It is further submitted that the complainant has already filed an 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 all disputes, differences, and grievances inter se have been amicably settled and resolved in their entirety. Respondent no.2 submits that the F.I.R. came to be lodged in the heat of the moment. It is further submitted that he was not present at the place of occurrence and, upon subsequently ascertaining the true facts, it transpired that the accident had occurred when the vehicle was parked on the roadside and the deceased
2026:UHC:4399 suddenly approached from behind, resulting in the vehicle striking him. According to respondent no.2, there was neither rashness nor negligence on the part of the applicant in causing the accident. Respondent no.2 further states that, in view of the amicable settlement and the factual circumstances subsequently brought to his knowledge, he does not wish to pursue the matter any further and has no objection if the present criminal proceedings are brought to an end. It is further submitted that the place of incident was a market place and it was not possible to drive vehicle at a high speed there. It is submitted that the continuation of the proceedings would serve no useful purpose and would amount to an unnecessary abuse of the process of the Court, causing undue prejudice to the applicant. 6.
Learned State Counsel vehemently opposed the compounding application. 7. 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. 8. 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 entire proceedings of Criminal Case No.25 of 2026, pending in the Court of learned Judicial Magistrate, Gairsain, Chamoli, are hereby quashed. 9. C-528 application stands disposed of. (Alok Mahra, J.)
02.06.2026 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=eabb68a3895e41937c266c23964c0485365445e3a 20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109 CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.06.02 16:11:27 +05'30'