GURVINDER SINGH ALIAS GURU AND ORS v. STATE OF UTTARAKHAND
C528/1281/2026 · 2026-06-10
Rakesh Thapliyal
body2026
DailyLaw.ai
[ 2026 DAILYLAW 6719 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 6719 (UTT) · dailylaw.ai ]
Judgment text
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2026:UHC:4629 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. 1281 of 2026 With IA 1/2026 (For Compounding Application) Hon’ble Rakesh Thapliyal, J.
1. Mr. Deepak Petshali, learned counsel for the applicants.
2. Mr. Tumul Nainwal, learned A.G.A. with Mrs. Shweta Badola Dobhal, learned Brief Holder for the State.
3. Mr. Sharad Kumar, learned counsel for the respondent.
4. The present application has been moved under section 528 of BNSS, 2023 by the applicants Gurvinder Singh @ Guru S/o Shri Rishipal Singh, Manoj Kumar S/o Shri Deep Chand and Suman W/o Shri Manoj Kumar for quashing of entire proceeding of Criminal Case No. 2031 of 2021 ‘State vs. Manoj Kumar Kashyap and Others’ pending in the court of Additional Chief Judicial Magistrate, Roorkee, District Haridwar, arising out of First Information Report dated 16.12.2020 bearing FIR No. 688 of 2020 P.S. Kotwali Roorkee, District Haridwar, wherein, each of the applicant are facing trial for the offences punishable under sections 386 and 506 of IPC.
5. Earlier to this petition, the applicant no. 1 Gurvinder Singh @ Guru filed a petition under section 528 of BNSS, 2023 praying for quashing of cognizance/summoning order dated 17.09.2021 as well as the entire proceedings, however, the same was dismissed by the Coordinate Bench on
12.05.2026.
6. Now, subsequent C528 application has been moved along with the compounding application with the affidavit of the applicants and the respondent/complainant-Vipin Kumar. All the applicants are present in court and are identified by their respective counsel and the respondent/complainant is also present through V.C.
7. It is contended in the compounding application that all the applicants and the
2026:UHC:4629 respondent/complainant are close relatives and now they have settled their disputes amicably and their relations are very cordial, therefore the impugned proceedings be quashed since there are remote chances for their conviction.
8. On the other side, per contra, learned State counsel submits that the offence punishable under section 386 of IPC is not compoundable, however, with the leave of the court the same can be compounded. He further submits that since now the parties have settled their disputes, therefore, there are remote chances of their conviction.
9. After hearing the arguments of learned counsel for the parties and further taking into
consideration that they have settled their disputes, therefore, the ongoing proceeding is a futile exercise as there is remote chances of their conviction.
10. In such view of the matter, the instant application preferred under section 528 of BNSS, 2023 as well as the compounding application are allowed and the Trial Court proceeding i.e. Criminal Case No. 2031 of 2021 ‘State vs. Manoj Kumar Kashyap & Others’ pending in the court of Additional Chief Judicial Magistrate, Roorkee, District Haridwar, is also hereby quashed.
(Rakesh Thapliyal, J.) 10.06.2026 PR
2026:UHC:4629