Uttarakhand High Court
C528/462/2025 on 24 June, 2025
Office Notes,
reports, orders or
proceedings or
SL. Date COURT'S OR JUDGES'S ORDERS
directions and 2025:UHC:5333
No
Registrar's order
with Signatures
(Compounding Appl. No.01 of 2025)
In
C528 No.462 of 2025
Hon'ble Ashish Naithani, J.
Mr. Mukesh Rawat, learned counsel for the
Applicant.
2. Mr. Vipul Painuly, learned AGA assisted by
Mr. Chitrarth Kandpal, learned Brief Holder for the
State.
3. Mr. Abhishek Joshi, learned counsel holding
brief of Mr. Anand Singh, learned counsel for
respondent nos.3 to 5.
4. Present application has been filed by the
Applicant-Ayush Yadav under Section 528 of
B.N.S.S. alongwith compounding application and
the same is supported with the affidavits of
applicant as well as respondent nos.3, 4 & 5.
5. By means of this C528 application, applicant
has sought quashing of the charge sheet dated
27.10.2022, cognizance order dated 25.04.2023 as
well as the entire proceedings of Criminal Case
No.2106 of 2023 State vs. Surya Pratap and others,
for the offence punishable under Sections 147, 323,
504, 506 & 427 of IPC registered at Police Station
Tallital, District Nainital pending in the court of
learned Chief Judicial Magistrate Nainital, District
Nainital.
6. Learned counsel for the parties have filed
their respective affidavits along with the
compounding application stating therein that they
do not wish to pursue the present criminal case any
further and a compromise has been entered between
them.
7. Heard learned counsel for the parties and
perused the material available on record.
8. Learned counsel for the applicant has drawn
attention of this Court to the order dated 15.05.2025
passed by the Coordinate Bench of this Court
wherein in para 2 & 3 of the order it is stated that
“this Court vide order dated 09.04.2025 had
directed the parties to appear before the Secretary,
DLSA, Nainital in order to get their statements
recorded and to verify the compromise deed and
pursuant to such order, the Secretary, DLSA,
Nainital has submitted his report dated 15.04.2025
which clearly indicates that the parties have settled
the dispute amicably and have also verified the
contents of the compromise.
9. In view of the principle of law laid down by
Ho’ble the Apex Court in the case of Gian Singh
vs. State of Punjab reported in 2012 (10) SCC
303, 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
interest to restore peace and harmony between
them.
10. Having heard learned counsel for the parties
and in view of the above, the compounding
application is allowed. The entire proceedings of
Criminal Case No.2106 of 2023 State vs. Surya
Pratap and others, for the offence punishable under
Sections 147, 323, 504, 506 & 427 of IPC
registered at Police Station Tallital, District Nainital
pending in the court of learned Chief Judicial
Magistrate Nainital, District Nainital are hereby
quashed.
11. Accordingly instant Criminal Misc.
Application stands disposed of.
(Ashish Naithani, J.)
24.06.2025
Arti
ARTI SINGH Digitally signed by ARTI SINGH
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE2521F982, cn=ARTI SINGH
Date: 2025.06.26 10:21:32 +05’30’