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2026 DAILYLAW 9409 (UTT)

MADHAV CHAND AND ORS v. STATE OF UTTARAKHAND

C528/1692/2026 · 2026-08-06

Rakesh Thapliyal

body2026

Judgment text

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SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS UKHC010136432026 C528/1692/2026 Madhav Chand And Ors --Applicant Versus State Of Uttarakhand --Respondent Hon'ble Rakesh Thapliyal, J. 1. Mr. Deep Prakash Bhatt, learned counsel for the applicant. 2. Ms. Meenakshi Sharma, learned AGA for the State. 3. Mr. Ajay Joshi, learned counsel for the respondent no. 2. 4. The instant petition under Section 528 of BNS, 2023 is preferred by Madhav Chand, son of Keshi Chand, Veerendra Singh, son of Om Prakash, Manoj, son of Bandhu Ram and Ankit Singh, son of Manoj Singh, along with the compounding application with the affidavit of applicants and respondent no. 2 – complainant. 5. All the applicants and respondent no. 2 are present in the Court and all are duly identified by their respective counsel. 6. It is contended in the compounding application that first information report dated 25.02.2025 bearing FIR No. 27 of 2025, Police Station – Jhankaiyya, District Udham Singh Nagar, was lodged by the respondent no. 2 against the present applicants for the offence punishable under Section 115 (2), 117, 310 (2), 324 (2), 332 (b), 351 (2) BNS, 2023 and after investigation, charge sheet has been filed against the present applicants for the offence punishable under Section 115 (2), 324 (2), 332 (b), 351 (2) BNS, 2023. 7. It is contended in the compounding application that respondent no. 2 and all the applicants belong to the same village and now, they have settled their dispute amicably their relations are cordial and they have no any grudge against each other. 8. On the other side, learned State Counsel submits that all the offence are compoundable except the offence punishable under Section 332 (b) BNS, 2023, however, since the dispute appears to be personal in nature and they all belong to the same village, therefore, with the leave of the Court offence punishable under Section 332 (b) BNS, 2023 can also be compounded. 9. After hearing the learned counsel for the parties and taking into consideration that both the parties have resolved their dispute amicably and all the offences compoundable except the offence punishable under Section 332 (b) BNS, 2023 but considering the nature of allegation, this Court is of the view that offence under Section 332 (b) should also be compounded. In such view of the matter, compounding application i.e I.A. No. 1 of 2026 as well as instant C528 petition are allowed. 10. Consequently, entire proceedings of Criminal Case No. 62 of 2025 (State Vs. Madhav Chand and others), arising out of first information report dated 25.02.2025 bearing FIR No. 27 of 2025, Police Station – Jhankaiyya, District Udham Singh Nagar, pending in the court of learned Judicial Magistrate, Khatima, is hereby quashed. (Rakesh Thapliyal, J.) 06-08-2026 SKS