Extracted from the PDF above. The PDF is authoritative.
UKHC010102272026
SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
C528/1312/2026
Suraj Kukreti --Applicant Versus State Of Uttarakhand and another --Respondents
Hon’ble Siddhartha Sah, J.
Mr. Narendra Bali, learned counsel for the applicant.
2. Mr. Vipul Painuly, learned A.G.A. for the State.
3. Mr. Subhash Joshi, learned counsel with Mr. Rajesh Rathor, learned counsel for the respondent no.2.
4. Mr. Suraj Kukreti, the applicant, is present through video conferencing and he is identified by Mr. Narendra Bali, Advocate.
5. Mr. Rohit Kumar Sahu, the respondent no.2 is present through video conferencing and he is identified by Mr. Subhash Joshi, Advocate.
6. The applicant has filed this Criminal Misc. Application for the following reliefs :-
“I. Quash the impugned Charge-sheet dated 28.09.2016 (Annexure No.2, Page No.18-20) (F.I.R. dated 04.08.2016 (Annexure No.1, Page No. 11-17) registered as Case Crime No.55/2016) for the offences punishable Under Section 420,406,506 IPC at Police Station Shyampur, District Haridwar submitted by Investigating Officer, qua the present applicant.
II. Quash the impugned cognizance/summing
order dated 06.12.2016, (Annexure No.3, Page No.21-22) passed by the Learned Judicial Magistrate-First Class, Haridwar in Criminal Case No. 1728/2016 "State vs. Rajeev Gupta and others for the offences punishable under Section 420,406,506 IPC at Police Station Shyampur, District Haridwar, qua the present applicant. UKHC010102272026
III. Quash the entire criminal proceedings of Criminal Case No. 1728/2016 "State vs. Rajeev Gupta and others" for the offences punishable under Section 420,406,506 IPC at Police Station Shyampur, District Haridwar pending in the court of Learned Judicial Magistrate-First Class, Haridwar, qua the present applicant. IV. Stay the further proceedings of Criminal Case No.1728/2016 "State vs. Rajeev Gupta and others" for the offences punishable under Section 420,406,506 IPC at Police Station Shyampur, District Haridwar pending in the court of Learned Judicial Magistrate-First Class, Haridwar, qua the present applicant. during the pendency of the instant Criminal Misc. Application before this Hon'ble Court. V. And/or to pass any such other order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case; otherwise the applicants will suffer irreparable loss and injury.”
7. Along with the Criminal Misc. Application under Section 528 of the B.N.S.S., the applicant and the respondent no.2 have filed a Compounding Application (IA No.1 of 2026), wherein, it is stated that during the pendency of the proceedings, the parties with the intervention of respective persons and well-wishers have amicably settled the dispute outside the Court voluntarily and without any pressure, coercion, or undue influence. The complainant/respondent No.2 has now no grievance against the present applicant and does not want to pursue the aforesaid criminal proceedings any further. 8. The respondent no.2 has voluntarily compounded the offence with the present applicant without any pressure. 9. A query was made by the Court to the respondent no. 2 / informant, who is appearing through VC and he has stated before the Court that he does not wish to pursue the matter any further and he wants that the matter may be compounded qua the applicant inasmuch as the applicant has already sought forgiveness and whatever misunderstanding was there between the applicant and the respondent no. 2 has been resolved. UKHC010102272026
10. The Court also interacted with Mr. Suraj Kukreti, the applicant, who is appearing through VC and he makes a similar averment. 11.
The learned State counsel would submit that the offences under Sections 406 & 506 IPC are non- compoundable, and offence under Section 420 IPC is compoundable only with the leave of the Court. 12. On it, the learned counsel for the applicant would submit that in view of the judgments of “B.S. Joshi and others vs. State of Haryana and another”, (2003) 4 SCC 675, “Nikhil Merchant vs. CBI and another”, (2008) 9 SCC 650 and “Gian Singh vs. State of Punjab”, 2012 (10) SCC 303 as well as in Transfer Petition (Criminal) No. 115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, the Hon’ble Supreme Court has permitted the compounding of non- compoundable offence and has held that in exercise of power under Section 582 B.N.S.S., compounding can be done in non-compoundable offences. 13. Since the matter has already been resolved between the respondent no.2/complainant and the applicant, hence, it will be a futile exercise to let the matter go for trial qua the applicant. 14. Considering the overall
facts and circumstances of the case, the Compounding Application (IA No. 1 of 2026) deserves to be allowed.
The Compounding Application is accordingly allowed.
15. As a consequence thereof, the entire proceedings of Criminal Case No. 1728 of 2016
"State vs. Rajeev Gupta and others” for the offences punishable under Sections 420, 406 and 506 IPC, registered at Police Station Shyampur, District Haridwar, pending in the Court of learned Judicial Magistrate, First Class, Haridwar as well as impugned charge-sheet dated 28.09.2016 and summoning / cognizance order dated 06.12.2026, qua the present applicant, are hereby quashed.
16. The present criminal Misc. Application is
disposed accordingly.
17. Pending application, if any, stands disposed of accordingly.
(Siddhartha Sah, J.)
08.07.2026 Shiv/