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2026 DAILYLAW 9969 (UTT)

RITU THAPA ALIAS RITU SHARMA AND ORS v. STATE OF UTTARAKHAND

C528/1742/2026 · 2026-08-06

Rakesh Thapliyal

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Judgment text

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UKHC010136952026 2026:UHC:6969 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528/1702/2026 With IA 1/2026 (For Compounding Application) Sheetal Mund And Anr --Applicant Versus State Of Uttarakhand --Respondent With C528/1742/2026 With IA 1/2026 (For Compounding Application) Ritu Thapa Alias Ritu Sharma and Ors. --Applicant Versus State Of Uttarakhand --Respondent Hon’ble Rakesh Thapliyal, J. 1. Mr. Saurabh Kumar Pandey, learned counsel for the applicants in C528 No. 1702 of 2026 and for private respondents in C528 No. 1742 of 2026. 2. Mrs. Meenakshi Sharma and Mr. Himanshu Sain, learned A.G.A. for the State. 3. Ms. Gurbani Singh, Ms. Sukhwani Singh and Mr. Karmanya Pandey, learned counsel for the applicants in C528 No. 1742 of 2026 and for private respondents in C528 No. 1702 of 2026. 4. These two petitions are preferred under section 528 of BNSS, 2023, challenging the proceeding arising out of two First Information Reports dated 04.09.2025 bearing FIR No. 0454 of 2025 P.S. Patel Nagar, District Dehradun and the FIR dated 04.09.2025 bearing FIR No. 0455 of 2025. The FIR No. 0455 of 2025 is cross FIR to the FIR No. 0454 of 2025. 5. All the parties are present in person except one Mayur Gupta, who joined proceeding through UKHC010136952026 2026:UHC:6969 V.C. and all of them are identified by their respective counsel. Both these petitions are filed along with the compounding application with this contention that there are several pending litigations i.e. civil and criminal in between them and due to intervention of this court all those petitions wherein the protection were asked for due to an apprehension of threat to their life as well as to the property and this court by judgment and order dated 02.06.2026 closed all the proceedings in view of the compromise entered in between the parties on 24.05.2026. 6. It is argued that the compromise dated 24.05.2026 along with it’s Schedule-A was brought on record by way of IA 2 of 2026 in bunch of petitions leading one is WPCRL No. 1211 of 2025, which was decided on 02.06.2026. It is submitted that the proceeding arising out of both the aforesaid FIRs No. 0454 of 2025 and 0455 of 2025 are one of those proceeding which are mentioned in Schedule-A to the mutual compromise dated 24.05.2026 and since now the parties have mutual compromised and resolved their disputes and they have no grudges against each other and their relations are very cordial since most of them are close relatives, therefore, both the proceedings which are under challenge in both the petitions be quashed. It is further argued that all the offences are compoundable. 7. On the other side, learned State counsel submits that since the parties have settled their dispute in terms of their mutual compromise dated 24.05.2026 which was also accepted by this court in bunch of petitions decided on 02.06.2026, therefore, both the proceedings may be closed. She also admits that all the offences are compoundable except the offence punishable under section 117 and section 325 of IPC but with the leave of the court the same can also be compounded. 8. In view of the submissions as above and in view of the grounds as taken in the compounding application that all the parties have resolved all their civil and criminal disputes amicably in terms of compromise settlement dated 24.05.2026 and the said compromise is also accepted by this court UKHC010136952026 2026:UHC:6969 in bunch of petitions, which is evident from the judgment and order passed by this court dated 02.06.2026, therefore, both the proceedings are closed in terms of the compromise settlement dated 24.05.2026. 9. In such view of the matter, both the petitions preferred under section 528 of BNSS, 2023, and the compounding applications are allowed and the entire proceedings of Criminal Case No. 1788 of 2026 ‘State vs. Sheetal Mund and Others’ pending in the court of First Addl. Chief Judicial Magistrate, Dehradun, arising out of Case Crime No. 0454 of 2025 as well as the entire proceeding arising out of Case Crime No. 0455 of 2025 P.S. Patel Nagar, District Dehradun, as well as all consequential proceedings are hereby quashed. (Rakesh Thapliyal, J.) 06.08.2026 PR UKHC010136952026 2026:UHC:6969