Uttarakhand High Court
C528/1038/2024 on 25 June, 2025
Office Notes,
reports, COURT'S OR JUDGES'S ORDERS
orders or
proceedings
SL.
Date or directions
No
and
Registrar's 2025:UHC:5378
order with
Signatures
IA No.01 of 2024 (Compounding Application)
With
C528 No.1038 of 2024
HON'BLE ASHISH NAITHANI, J.
Mr. Bharat Singh, learned counsel for the Applicant.
2. Mr. Vipul Painuly, learned AGA with Mr. Chitrarth Kandpal,
learned Brief Holder, for the State of Uttarakhand/1.
3. Ms. Jasmeet Kaur, learned counsel for the respondent no.2.
4. It has been brought to the knowledge of this Court that the
procedural code has not been properly mentioned. Learned counsel for
the Applicant submits that it is a clerical error. To rectify the said error,
learned counsel for the Applicant seeks time. Permission granted. Let
necessary corrections be made today itself.
5. The present Application has been filed under Section 528 of the
BNSS (Corresponding Section 482 of the Cr.PC), to quash the entire
proceedings of Special Session Trial No.08 of 2020, “State Vs.
Surendra Kumar”, under Sections 504, 506 and 188 of IPC and under
Section 51 (b) of Disaster Management Act, and Section 3 (1) (r) of
SC/ST Act, pending in the court of learned Special Judge (SC/ST Act),
Haridwar.
6. Along with C528 application, a compounding application has
been signed by the parties and has been filed, which is duly supported
by separate affidavits of applicant and private respondent no.2.
7. 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.
8. Heard learned counsel for the parties and perused the material
available on record.
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 entire proceedings of Special Session Trial No.08 of 2020, “State
Vs. Surendra Kumar”, under Sections 504, 506 and 188 of IPC and
under Section 51 (b) of Disaster Management Act, and Section 3 (1) (r)
of SC/ST Act, pending in the court of learned Special Judge (SC/ST
Act), Haridwar, are hereby quashed.
11. In view of the above, the compounding application is allowed.
The entire proceedings of Special Session Trial No.08 of 2020, “State
Vs. Surendra Kumar”, under Sections 504, 506 and 188 of IPC and
under Section 51 (b) of Disaster Management Act, and Section 3 (1) (r)
of SC/ST Act, pending in the court of learned Special Judge (SC/ST
Act), Haridwar, are hereby quashed
12. The Criminal Miscellaneous Application, filed under 528 of the
BNSS is disposed of accordingly.
(ASHISH NAITHANI, J.)
25.06.2025
Nitesh/