Uttarakhand High Court
Hon’Ble Ashish Naithani vs Baldev” on 27 June, 2025
Office Notes,
reports, COURT'S OR JUDGES'S ORDERS
orders or
proceedings
SL.
Date or directions
No
and
Registrar's 2025:UHC:5477
order with
Signatures
IA No.1 of 2025 (Compounding Application)
with
C528 No.964 of 2025
HON'BLE ASHISH NAITHANI, J.
Mr. Gaurav Singh, learned counsel for the Applicants.
2. Mr. Akshay Latwal, learned AGA, for the State of
Uttarakhand/1.
3. Mr. Susheel Kumar, learned counsel for the Respondent
no.2.
4. The present Application has been filed under Section 528
of the Bhartiya Nagarik Suraksha Sanhita, 2023 to quash the entire
proceedings of Criminal Case No.1199/2019, “State Vs. Baldev“,
under Sections 420, 406, 467, 468, 471 and 120-B of IPC pending
in the court of learned IInd Judicial Magistrate, Haridwar, District
Haridwar.
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 no.2.
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
also present before this Court who are duly identified by their
respective counsels and they have also admitted the aforesaid fact.
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 Criminal Case No.1199/2019, “State Vs. Baldev“,
under Sections 420, 406, 467, 468, 471 and 120-B of IPC pending
in the court of learned IInd Judicial Magistrate, Haridwar, District
Haridwar, are hereby quashed.
10. In view of the above, the compounding application is
allowed. The entire proceedings of entire proceedings of Criminal
Case No.1199/2019, “State Vs. Baldev“, under Sections 420, 406,
467, 468, 471 and 120-B of IPC pending in the court of learned
IInd Judicial Magistrate, Haridwar, District Haridwar, are hereby
quashed
11. The Criminal Miscellaneous Application, filed under 528
of the Bhartiya Nagarik Suraksha Sanhita, 2023 is disposed of
accordingly.
(ASHISH NAITHANI, J.)
27.06.2025
Nitesh/