2026:UHC:4841 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc Application No.1278 of 2026 15th June, 2026 Pradeep Kumar and another ………Applicants Versus State of Uttarakhand and another ……….Respondents ---------------------------------------------------------------------- Presence:- Mr. Vikas Singh Yadav, learned counsel for the applicants. Ms. Rangoli Purohit, learned B.H. for the State. Mr. Sanjay Kumar, learned counsel for the respondent no.2. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. The present C528 application has been filed by the applicants for quashing the impugned summoning order dated 20.04.2016, passed by learned Judicial Magistrate-I, Dehradun, in Criminal Case No.1477 of 2016, State Vs. Pradeep Kumar & others, under Sections 420, 406, 467, 468, 471 and 120-B of IPC, registered with Police Station-Nehru Colony, Dehradun, as well as charge sheet dated 17.04.2016 in Case Crime No.216 of 2015. 2. A joint compounding application has been moved on behalf of the parties, supported by their respective affidavits, seeking to compound offences under the aforesaid sections. 3. In the compounding application, it has been stated that the dispute between the parties has amicably been resolved and applicants and respondent no.2 have entered into a compromise. 4. Both – applicants and respondent no.2 are present before this Court, who are duly identified by their respective counsel. On interaction with the parties, they stated that they have amicably settled their dispute and does not want to continue with the present criminal proceedings. 1 2026:UHC:4841 5. On interaction with applicants and respondent no.2, it is revealed that applicants have decided to pay the entire amount to respondent no.2 and have paid the same to respondent no.2 and respondent no.2 is ready to compound the offences against the applicants. 6. Per contra, learned counsel for the State has formally raised objection to the offence made out in the present case on the ground that Sections 467, 468, 471, 120-B of IPC are non-compoundable. 7. So far as compounding of non-compoundable offence is concerned, the Apex Court has dealt with the consequence of a compromise in this regard in the case of B.S. Joshi and others vs. State of Haryana and another, reported in (2003) 4 SCC 675 and has held as below: - “If for the purpose of securing the ends of justice, quashing of FIR becomes necessary, Section 320 Cr.P.C. would not be a bar to the exercise of power of quashing. It is, however, a different matter depending upon the facts and circumstances of each case whether to exercise or not such a power.” 8. Thus, the High Court, in exercise of its extraordinary and inherent power can quash criminal proceedings or FIR or complaint, and Section 320 of Cr.P.C. (Section 359 of B.N.S.S. 2023) does not limit or affect the powers under Article 226 of the Constitution of India or under Section 528 of B.N.S.S. 2023. 9. Learned counsel for the parties also drew the attention of this Court towards the ruling of Gian Singh v. State of Punjab and another, (2013) 1 SCC (Cri) 160, in which Hon’ble Supreme Court observed as below: “The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. ………………… In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full 2 2026:UHC:4841 and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.” 10. Having considered the submissions made by learned counsel for the parties, this Court is of the opinion that since the parties have reached to the terms of the compromise, there would remain a remote or bleak possibility of conviction in this case. It can also safely be inferred that it would be unfair or contrary to the interest of justice to permit continuation of the criminal proceedings. Since the answer to the aforesaid points is in affirmative, this Court finds it a fit case to permit the parties to compound the matter. 11. Accordingly, Compounding Application (IA No.1 of 2026) is allowed. The offences between the parties are permitted to be compounded. As a result, the impugned summoning order dated 20.04.2016, passed by learned Judicial Magistrate-I, Dehradun in Criminal Case No.1477 of 2016, State Vs. Pradeep Kumar & others, under Sections 420, 406, 467, 468, 471 and 120-B of IPC, registered with Police Station-Nehru Colony, Dehradun as well as charge sheet dated 17.04.2016 and FIR in Case Crime No.216 of 2015, against the applicants stand quashed. 12. C528 application stands allowed, in the aforesaid terms. (Pankaj Purohit, J.) 15.06.2026 SK 3