Uttarakhand High Court
C528/291/2025 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:5382
order with
Signatures
IA No.01 of 2025 (Compounding Application)
With
C528 No.291 of 2025
HON'BLE ASHISH NAITHANI, J.
Mr. Sandeep Adhikari, learned counsel for the Applicants.
2. Mr. Vipul Painuly, learned AGA with Mr. Chitrarth
Kandpal, learned Brief Holder, for the State of Uttarakhand/1.
3. Mr. Jitendra Kumar, learned counsel for the respondent
nos.2 and 3.
4. The present Application has been filed under Section 528
of the Bhartiya Nagarik Suraksha Sanhita, to quash the entire
proceedings of Session Trial No.04 of 2024, “State Vs. Deepak
Adhikari and others”, under Sections 147, 148, 307, 323, 427, 504
and 506 of IPC pending in the court of learned Addl. Chief
Judicial Magistrate, Haldwani, District Nainital.
5. 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 applicants and private
respondent nos.2 and 3.
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, and parties are
present before this Court who are duly identified by their
respective counsels.
7. Heard learned counsel for the parties and perused the
material available on record.
8. 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.
9. 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 entire
proceedings of Session Trial No.04 of 2024, “State Vs. Deepak
Adhikari and others”, under Sections 147, 148, 307, 323, 427, 504
and 506 of IPC pending in the court of learned Addl. Chief
Judicial Magistrate, Haldwani, District Nainital, are hereby
quashed.
10. In view of the above, the compounding application is
allowed. The entire proceedings of entire proceedings of Session
Trial No.04 of 2024, “State Vs. Deepak Adhikari and others”,
under Sections 147, 148, 307, 323, 427, 504 and 506 of IPC
pending in the court of learned Addl. Chief Judicial Magistrate,
Haldwani, District Nainital, are hereby quashed
11. The Criminal Miscellaneous Application, filed under 528
of the Bhartiya Nagarik Suraksha Sanhita, is disposed of
accordingly.
(ASHISH NAITHANI, J.)
25.06.2025
Nitesh/