Uttarakhand High Court
Unknown vs State Of Uttarakhand And Another on 22 August, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
2025:UHC:7445
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Misc. Application No.450 of 2018
22nd August, 2025
Smt. Kiran Bhatt ......Applicant
Versus
State of Uttarakhand and another .......Respondents
With
Criminal Misc. Application No.465 of 2018
Criminal Misc. Application No.517 of 2018
Criminal Misc. Application No.414 of 2025
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Presence:-
Mr. Pradeep Lohani, Advocate for the applicant, in C482 No.450 of
2018.
Mr. Gaurav Singh and Mr. Pankaj Kulaura, Advocates for the
applicants, in C482 Nos.465 of 2018, 517 of 2018 and C528
No.414 of 2025.
Mr. Sudhir Nainwal, S.C. for the State.
Mr. Susheel Kumar, Advocate for the respondents, all these
C482/C528 applications.
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Hon'ble Pankaj Purohit, J.
Since all these C482/C528 applications involved
same question of law and facts and arose out of one and
same FIR, therefore they are being decided by this common
judgment.
2. The present C482/C528 application(s) has
been filed by the applicants for quashing of the entire
proceedings pending before the court below. For the sake
of brevity prayer of each application is mentioned
hereinbelow:-
C482 No.450 of 2018
Charge Sheet No.05 of 2018 (Case Crime No.217 of 2017)
of Special Sessions Trial No.2 of 2018, State Vs. B.D.
Kholia and others, under Section 420 of IPC and 3(iv)(v) of1
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Scheduled Caste and Scheduled Tribe (Prevention of
Atrocities) Act, 1989, registered at Police Station Lalkuan,
Nainital, pending in the court of learned District and
Sessions Judge, Nainital.
C482 No.465 of 2018
Charge Sheet No.05 of 2018 (Case Crime No.217 of 2017)
of Special Sessions Trial No.2 of 2018, State Vs. B.D.
Kholia and others, under Section 420 of IPC and 3(iv)(v) of
Scheduled Caste and Scheduled Tribe (Prevention of
Atrocities) Act, 1989, registered at Police Station Lalkuan,
Nainital, pending in the court of learned District and
Sessions Judge, Nainital.
C482 No.517 of 2018
Charge Sheet No.05 of 2018 (Case Crime No.217 of 2017)
of Special Sessions Trial No.2 of 2018, State Vs. B.D.
Kholia and others, under Section 420 of IPC and 3(iv)(v) of
Scheduled Caste and Scheduled Tribe (Prevention of
Atrocities) Act, 1989, registered at Police Station Lalkuan,
Nainital, pending in the court of learned District and
Sessions Judge, Nainital.
C528 No.414 of 2025
Charge Sheet No.05 of 2018 (Case Crime No.217 of 2017)
of Special Sessions Trial No.2 of 2018, State Vs. B.D.
Kholia and others, under Section 420 of IPC and 3(iv)(v) of
Scheduled Caste and Scheduled Tribe (Prevention of
Atrocities) Act, 1989, registered at Police Station Lalkuan,
Nainital, pending in the court of learned District and
Sessions Judge, Nainital.
Against the applicants.
3. Joint compounding application(s) has been
moved on behalf of the parties, supported by their
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respective affidavits, seeking to compound offences under
the aforesaid sections.
4. It is contended in the compounding
application(s) by the parties that the matter has been
amicably settled between them and they do not want to
prolong the matter any further.
5. Both – applicants and respondents, of all the
C482 applications, are present before this Court duly
identified by their respective counsel, except respondent
no.3-Parvati Devi, who has expired on 27.11.2022 and a
certificate to that effect is annexed as Annexure No.1 to
the compounding application in C482 No.517 of 2018.
On interaction with the parties they stated that they have
amicably settled their dispute and there is no reason to
continue with the present criminal proceedings.
6. Per contra, learned counsel for the State has
formally raised objection to the offences made out in the
present case on the grounds that some of the offences are
non-compoundable.
7. 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.”
8. Having considered the submissions made by
learned counsel for the parties, this Court is of the
opinion that since the parties have reached to the terms
of the compromise, there would remain a remote or bleak
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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. 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.
9. Accordingly, Compounding Applications (IA
Nos.9978 of 2025, 8982 of 2018, 9976 of 2025 and 1 of
2025) are allowed. The offences between the parties are
permitted to be compounded. As a result, the impugned
Charge Sheet No.05 of 2018 (Case Crime No.217 of 2017)
of Special Sessions Trial No.2 of 2018, State Vs. B.D.
Kholia and others, under Section 420 of IPC and 3(iv)(v) of
Scheduled Caste and Scheduled Tribe (Prevention of
Atrocities) Act, 1989, registered at Police Station Lalkuan,
Nainital, pending in the court of learned District and
Sessions Judge, Nainital, against the applicants stand
quashed, in all these C482/C528 applications.
10. C482/C528 applications stand disposed-off, in
the aforesaid terms.
(Pankaj Purohit, J.)
22.08.2025
SK
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