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2026 DAILYLAW 6366 (UTT)

HIMANSHU JOSHI v. STATE OF UTTARAKHAND

C528/1212/2026 · 2026-06-02

Alok Mahra

body2026

Judgment text

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2026:UHC:4409 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528/1212/2026 Hon’ble Alok Mahra, J. Mr. G.D. Joshi, learned counsel for the applicants. 2. Mr. V.S. Pal, learned A.G.A. for the State. 3. Ms. Sujata Chand, learned counsel for respondent nos.2 & 3/complainant. 4. Present C-528 application has been filed seeking quashing of the impugned chargesheet, cognizance/summoning orders dated 04.11.2025 and 04.12.2025 in Criminal Case No.1146 of 2025 pending in the court of learned Additional Chief Judicial Magistrate Narendra Nagar, District Tehri Garhwal, under Sections 115 (2), 117(2), 117(3), 191(2), 331(6), 331(7), 351(3), 352 B.N.S. as well as the entire criminal proceedings of the aforesaid criminal case. 5. Learned counsel for the applicants would submit that the first informant lodged the F.I.R. alleging therein that on 22.10.2024, while he was present in the room of respondent no.3, certain students allegedly entered the room and, thereafter, the present applicants along with some other unknown persons assaulted him with sticks, stones and other objects, as a result of which he sustained injuries. It is alleged that due to the nature of the injuries suffered, the injured persons were referred to AIIMS, Rishikesh for medical treatment. Upon completion of the 2026:UHC:4409 investigation, the Investigating Officer submitted the charge-sheet against the applicants, whereupon the learned trial court took cognizance and summoned the applicants to face trial. 6. It is further submitted that during the pendency of the criminal proceedings, the first informant unfortunately passed away on 27.03.2026 on account of a serious illness, which was wholly unconnected with the incident in question. It is also submitted that, with the intervention of respected members of society, relatives and well-wishers, the parties have amicably resolved their disputes and differences. In pursuance thereof, a joint compounding/compromise application supported by the affidavits of the applicants and the injured persons has been filed before this Court, wherein it has been categorically stated that the compromise has been entered into voluntarily, out of their own free will, without any coercion, pressure or undue influence from any quarter, and that they no longer wish to pursue the criminal proceedings against the applicants. 7. The applicants as well as the injured persons are present before the Court and have been duly identified by their respective counsel. Upon being interacted with, the injured persons have affirmed the factum of compromise and stated that the settlement has been arrived at voluntarily and amicably. They have further stated that they have no grievance against the applicants and have no objection if the impugned proceedings are quashed by this Court in exercise of its 2026:UHC:4409 inherent jurisdiction. 8. This Court has considered the submissions advanced by learned counsel for the parties and has perused the material available on record. The injured persons are present before the Court and have categorically stated that the dispute has been amicably settled between the parties out of their own free will and without any coercion, pressure, or undue influence. They have further stated that they do not wish to pursue the criminal proceedings any further and have no objection if the proceedings in question are quashed. 9. The legal position governing quashing of criminal proceedings on the basis of compromise is well settled. In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon'ble Supreme Court held that the High Court, in exercise of its inherent jurisdiction under Section 482 Cr.P.C. (now corresponding provisions under the B.N.S.S.), may quash criminal proceedings involving non-compoundable offences where the dispute is predominantly private and personal in nature and where continuation of such proceedings would amount to abuse of the process of law, provided the offences do not have a serious impact on society or involve heinous crimes. 10. In Narinder Singh and Others v. State of Punjab, (2014) 6 SCC 466, the Hon'ble Supreme Court laid down broad parameters for exercising inherent powers in cases settled between the parties and observed that where the possibility of 2026:UHC:4409 conviction is remote and bleak on account of settlement, and continuation of criminal proceedings would cause oppression and prejudice to the accused, the High Court may quash the proceedings in order to secure the ends of justice. 11. In State of Madhya Pradesh v. Laxmi Narayan, (2019) 5 SCC 688, the Hon'ble Supreme Court reiterated that criminal proceedings arising out of personal disputes may be quashed on the basis of compromise, except in cases involving heinous and serious offences having grave societal impact. Similarly, in Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur v. State of Gujarat, (2017) 9 SCC 641, the Hon'ble Supreme Court summarized the principles governing the exercise of inherent jurisdiction and emphasized that the Court must examine whether continuation of proceedings would serve any useful purpose and whether quashing would secure the ends of justice. 12. In the present case, the allegations arise out of a personal dispute between the parties. The injured persons have entered into an amicable settlement with the applicants and have expressed their unwillingness to pursue the matter further. The offences alleged are not of such nature as to affect society at large or involve any overriding public interest. Furthermore, in view of the compromise arrived at between the parties, the possibility of securing a conviction appears remote. Continuation of the criminal proceedings, therefore, would result in unnecessary harassment to the parties and would serve no fruitful 2026:UHC:4409 purpose. 13.Accordingly, having regard to the nature of the dispute, the compromise entered into between the parties, and the law laid down by the Hon'ble Supreme Court in the aforesaid decisions, this Court is of the considered view that continuation of the criminal proceedings would amount to an abuse of the process of law. Consequently, the compounding/compromise application is allowed. The present C-528 application also stands allowed. The impugned charge-sheet, cognizance/summoning orders dated 04.11.2025 and 04.12.2025 passed in Criminal Case No. 1146 of 2025 pending before the Court of learned Additional Chief Judicial Magistrate, Narendra Nagar, District Tehri Garhwal, under Sections 115(2), 117(2), 117(3), 191(2), 331(6), 331(7), 351(3) and 352 B.N.S., as well as the entire proceedings of the aforesaid criminal case, are hereby quashed in terms of the compromise arrived at between the parties. 14. Pending applications, if any, shall stand disposed of accordingly. (Alok Mahra, J.) 02.06.2026 Mamta