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2026 DAILYLAW 7536 (UTT)

Smt. Sangeeta Kaur v. STATE OF UTTARAKHAND

C482/315/2018 · 2026-07-02

Siddhartha Sah

body2026

Judgment text

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UKHC010050532018 2026:UHC:5304 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS UKHC010050532018 C482/315/2018 Smt. Sangeeta Kaur --Applicant Versus State Of Uttarakhand and others --Respondents Hon'ble Siddhartha Sah, J. Mr. Maneesh Bisht, learned counsel for the applicant. 2. Mr. Vipul Painuly, learned AGA for the State/respondent no.1 and 3. 3. Mr. Jaswant Singh, learned counsel holding brief of Mr. Vipul Sharma, learned counsel for the respondent no.2. 4. By means of the present C482 application, the applicant has sought quashing of the charge sheet dated 26.08.2017 as well as the entire proceedings of Criminal Case No.3738 of 2017, ‘State vs. Dulli Singh & Another”, under Sections 386, 388, 389 and 120-B of IPC at police station Kashipur, District Udham Singh Nagar pending in the court of learned Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar. 5. During the pendency of the present C482 application before this Court, the Compounding Application (No.05 of 2026) has been filed on behalf of the parties. UKHC010050532018 2026:UHC:5304 6. Heard learned counsel for the parties on Compounding Application (IA No.05 of 2026). 7. Applicant – Sangeeta Kaur is present through video conferencing. She is duly identified by Mr. Maneesh Bisht, Advocate. 8. The respondent no.2 – Chaudhary Pratap Singh is also present through video conferencing. He is duly identified by Mr. Jaswant Singh, learned counsel holding brief of Mr. Vipul Sharma, Advocate. 9. In the affidavit of the respondent no.2/complainant, it has been stated that the dispute between the parties have been settled amicably outside the Court and he does not wish to continue the criminal litigation in the interest of justice. It has been further stated in support of the compounding application on behalf of the respondent no.2/complainant that since the dispute narrated in the FIR no longer survives because of the settlement reached between the parties; he has no objection to the said compounding and closure of the present criminal case. 10. On a query made by the Court to the respondent no.2/complainant, who is appearing through V.C., he reiterates the same and states that the matter has been settled between the parties and he does not want to pursue the matter any further. 11. Affidavit has also been filed in support of the compounding application on behalf of the applicant and she makes similar submission as the respondent UKHC010050532018 2026:UHC:5304 no.2. 12. Mr. Vipul Painuly, learned AGA for the State raises serious objection for allowing the compounding application as the offences are non- compoundable. 13. Learned counsel for the applicant states that regarding the three other co-accused of the same Criminal Case No. 3738 of 2017 State vs. Dulli Singh & Another, a Coordinate Bench has passed orders allowing the compounding applications in cases C528 No.738 of 2026, C528 No.739 of 2026 and C528 No.768 of 2018. The orders dated 30.04.2026 and 01.06.2026 are taken on record. 14. Hence, in view of the law laid down by Hon'ble the Apex Court in the case of Gian Singh vs. State of Punjab, 2012 (10) SCC 303, Dimpey Gujral vs. Union Territory, Chandigarh, (2013) 11 SCC 497, B.S. Joshi vs. State of Haryana, (2003) 4 SCC 675 and Nikhil Merchant vs. CBI, (2008) 9 SCC 677, the compounding application deserves to be allowed. 15. The present Compounding Application (IA No.05 of 2026) is hereby allowed. 16. The offences are permitted to be compounded. Thus, the charge sheet dated 26.08.2017 as well as the entire proceedings of Criminal Case No.3738 of 2017, ‘State vs. Dulli Singh & Another” pertaining to FIR No. 210 of 2017 under Sections 386, 388, 389 and 120-B of IPC at police station Kashipur, District Udham UKHC010050532018 2026:UHC:5304 Singh Nagar pending in the court of learned Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar are hereby quashed qua the applicant. 17. The C482 application is, accordingly, disposed of. 18. Pending applications, if any, stand disposed of accordingly. (Siddhartha Sah, J.) 02.07.2026 Nahid