Uttarakhand High Court
6 July vs State Of Uttrakhand & Others on 16 July, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
2025:UHC:6168
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Misc. Application U/s 482 No. 1817 of 2023
16 July, 2025
Manoj Kumar & others
--Applicants
Versus
State Of Uttrakhand & others
--Respondents
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Presence:-
Ms. Manisha Bhandari, learned counsel for the applicants.
Mr. B.C. Joshi, learned AGA for the State.
Ms. Garima Thapa, learned counsel holding brief of Ms. Shivangi
Gangwar, learned counsel for respondent no.3.
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Hon'ble Pankaj Purohit, J.
Present C482 application has been filed by the
applicants along with the joint compounding application
(IA/1/2023) for quashing the charge-sheet dated
16.03.2022 under Sections 170, 323, 384, 389, 417 &
120B IPC, registered at P.S. Prem Nagar, District
Dehradun in FIR No.0011 of 2022 dated 10.01.2022 on
the basis of compromise entered into between the parties.
2. The ground for seeking compounding of offences
is that parties have reached to the terms of compromise
wherefor a settlement has also reached between them. It is
thus, prayed that the present proceedings between the
parties may be quashed in terms of the compromise arrived
at between the parties.
3. Learned State Counsel raised a preliminary
objection to the effect that the offences sought to be
compounded are non-compoundable.
4. Applicant no.1-Manoj Kumar, applicant no.2-
Sushant @ Subham, applicant no.3-Sachin Kumar and
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respondent no.3/informant-Ram Lakhan are present in
the Court being duly identified by their respective
counsel.
5. In the compounding application, it has been
stated that respondent no.3 has amicably resolved
their dispute with the applicants and does not want to
pursue with the criminal proceedings.
6. This Court interacted with the parties
specifically respondent no.3. Respondent no.3 stated
before the Court that he has no grievance against the
applicants; want to live peacefully and he does not
want to pursue the aforesaid criminal case.
7. Since the parties have settled the dispute
amicably and do not want to pursue the aforesaid
criminal case, therefore, there is no useful purpose for
keeping this criminal case pending and it will be a
futile exercise to ask the applicant to appear before the
trial court as accused to face the trial.
8. So far as compounding of non-compoundable
offence is concerned, the Apex Court has dealt with the
consequence of a compromise in this regard in the case of
B.S. Joshi and others vs. State of Haryana and another,
reported in (2003)4 SCC 675 and has held as below: –
“If for the purpose of securing the ends of justice, quashing of
FIR becomes necessary, Section 320 Cr.P.C. would not be a
bar to the exercise of power of quashing. It is, however, a
different matter depending upon the facts and circumstances
of each case whether to exercise or not such a power.”
9. Thus, the High Court, in exercise of its
inherent power can quash criminal proceedings or FIR or
complaint, and Section 320 of Cr.P.C. does not limit or
affect the powers under Section 482 of the Code of
Criminal Procedure, 1973.
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10. Since the parties have reached to the terms
of the compromise, this Court is of the firm opinion
that there would be a remote or bleak possibility of
conviction in this case. It can also safely be inferred
that it would be unfair or contrary to the interest of
justice to permit continuation of the criminal
proceedings after settlement. Since the answer to the
aforesaid points is in affirmative, this Court finds it a
fit case to permit the parties to compound the matter.
11. Accordingly, compounding application
(IA/3/2025) is hereby allowed. The compromise
arrived at between the parties is accepted. With the
result, the Charge-Sheet No.01 of 2022 dated
16.03.2022 under Sections 170, 323, 384, 389, 417 &
120B IPC, registered at P.S. Prem Nagar, District
Dehradun pursuant to the FIR No.0011 of 2022 dated
10.01.2022 is hereby quashed qua the applicants only,
subject to the condition that each applicant shall
deposit Rs.5,000/- before the Uttarakhand High Court
Bar Association Advocates’ Welfare Fund within fifteen
days from today. FIR and all subsequent proceedings
pursuant to FIR be also quashed.
12. Present criminal misc. application thus
stands allowed.
13. Pending application, if any, stands disposed
of accordingly.
(Pankaj Purohit, J.)
16.07.2025
AK
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