Uttarakhand High Court
Hon’Ble Ashish Naithani vs Suresh Singh And Others” on 16 June, 2025
Office Notes,
reports, COURT'S OR JUDGES'S ORDERS
orders or
proceedings
SL.
Date or directions
No
and
Registrar's 2025:UHC:4992
order with
Signatures
IA No.1 of 2025 (Compounding Application)
In
C528 No.752 of 2025
Hon'ble Ashish Naithani, J.
Mr. D.P. Mittal, learned counsel for the Applicants.
2. Mr. Vipul Painuly, learned AGA for the State of
Uttarakhand.
3. Mr. Nalin Saun, learned counsel holding brief of Mr.
Shubhr Rastogi, learned counsel for the private respondent no.2.
4. The present Application has been filed under Section
528 of the Bhartiya Nagarik Suraksha (Second) Sanhita, 2023,
to quash the cognizance and summoning order dated
21.06.2023 and the entire proceedings of Criminal Case No.487
of 2023, “State of Uttarakhand Vs. Suresh Singh and others“,
under Sections 147, 323, 504 and 506 of IPC, pending in the
court of learned Judicial Magistrate/Civil Judge, Jaspur, District
Udham Singh Nagar.
5. Along with C482 application, a compounding
application has been signed by the parties and has been filed,
which is duly supported by separate affidavits of applicants and
private respondent no.2. Applicants and respondent no.2 are
present before this Court, who are identified by their respective
counsels.
6. Learned counsel for the parties have filed their
respective affidavits along with the compounding application
stating therein that they do not want to pursue the present
criminal case any further and a settlement has reached between
them.
7. Heard learned counsel for the parties and perused the
material available on record.
8. The coordinate Bench of this Court vide order
05.06.2025, had directed the Secretary, District Legal Services
Authority, Rudrapur, District Udham Singh Nagar, to file a
report before this Court in this regard. The Secretary, District
Legal Services Authority, Rudrapur, District Udham Singh
Nagar, had filed a report qua the applicants, and submits a
report that the parties have settled their dispute and they do not
want to pursue the matter, any further.
9. In view of the principle of law laid down by Hon’ble the
Apex Court in the case of Gian Singh vs. State of Punjab
reported in 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, criminal
proceedings can be quashed by this Court, if this Court is
satisfied that matter has been settled between the parties
amicably and parties are interested to restore peace and
harmony between them.
10. Keeping in view of the totality of the facts and
circumstances of the case, this Court is of the view that ends of
justice would be met, if the summoning order dated 21.06.2023
as well as the entire proceedings of Criminal Case No.487 of
2023, “State of Uttarakhand Vs. Suresh Singh and others“,
under Sections 147, 323, 504 and 506 of IPC, pending in the
court of learned Judicial Magistrate/Civil Judge, Jaspur, District
Udham Singh Nagar, are hereby quashed.
11. In view of the above, the compounding application is
allowed. The entire proceedings of Criminal Case No.487 of
2023, “State of Uttarakhand Vs. Suresh Singh and others“,
under Sections 147, 323, 504 and 506 of IPC, pending in the
court of learned Judicial Magistrate/Civil Judge, Jaspur, District
Udham Singh Nagar, are hereby quashed
12. The Criminal Miscellaneous Application, filed under
Section 482 of the Code of Criminal Procedure, is disposed of
accordingly.
13. Let a certified copy of this order be issued today itself
on payment of usual charges.
(Ashish Naithani, J)
16.06.2025
Nitesh/