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2026 DAILYLAW 9027 (UTT)

ANIL KUMAR ALIAS ANIL KAPOOR v. STATE OF UTTARAKHAND

C528/225/2025 · 2026-07-27

Rakesh Thapliyal

body2026

Judgment text

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UKHC010026052025 2026:UHC:6443 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS Compounding Appl. No. 2 of 2026 In C528/225/2025 Anil Kumar Alias Anil Kapoor --Applicant Versus State Of Uttarakhand --Respondent Hon'ble Rakesh Thapliyal, J. 1. Mr. Sohil Sharma, learned counsel for the applicants. 2. Mr. Sandeep Sharma, learned A.G.A. for the State. 3. Mr. K.K. Harbola, learned counsel for the respondent no. 3. 4. The applicant is challenging the charge sheet arising out of FIR dated 26.08.2024, bearing FIR/Case Crime No. 0566 of 2024, P.S. Kotwali Roorkee District Haridwar wherein the applicant has been charge sheeted for the offences punishable under Sections 196 and 352 of BNS 2023 read with Section 3(1)(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989. 5. Now compounding application IA No. 2 of 2026 has been moved, supported with the affidavits of the applicant and the complainant, with this contention that both the parties have settled their disputes amicably and respondent no. 3 does not want to proceed further on the charge sheet. 6. The applicant is present in Court and is identified by his counsel. Respondent no. 3 also joined the proceeding through V.C. and is identified by his counsel UKHC010026052025 2026:UHC:6443 7. It is argued by the learned counsel for the parties that though the offences in which charge sheet has been filed though are non- compoundable, but personal in nature and not against the society and, since, the parties have resolved their dispute amicably, therefore, with the leave of the Court these offences can be compounded. 8. Learned A.G.A. also submits that since the parties resolve their disputes then the offence can be compounded and the prosecution has no objection on this. 9. After hearing the arguments of the learned counsel for the parties and taking into consideration that the parties have resolved their disputes amicably and respondent no. 3 does not want to proceed further against the applicant, therefore, this Court is of the view that the continuation of the proceeding pursuant to the charge sheet is nothing but will be a futile exercise. 10. Accordingly, the compounding application as well the C528 application are allowed. Charge sheet dated 04.01.2025 arising out of FIR dated 26.08.2024, bearing FIR/Case Crime No. 0566 of 2024, P.S. Kotwali Roorkee District Haridwar is hereby quashed. 11. Pending application, if any, also stands disposed of. (Rakesh Thapliyal,J.) 27.06.2026. Parul