Uttarakhand High Court
Unknown vs Shiv on 12 August, 2025
2025:UHC:7075
Office Notes,
reports, orders or
SL.
proceedings or
No Date COURT'S OR JUDGE'S ORDERS
directions and
.
Registrar's order
with Signatures
C-528 No. 1257 of 2025
Hon'ble Ashish Naithani, J.
Mr. Anuj Kumar Tyagi, learned counsel for the
Applicants.
2. Mr. Akshay Latwal, learned A.G.A. for the State
of Uttarakhand.
3. Ms. Asmi, learned counsel for the Respondent
No. 2.
4. The present Criminal Misc. Application No. 1257
of 2025, under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023, is with the prayer that the
charge-sheet dated 30.09.2022, the
cognizance/summoning order dated 20.04.2023,
passed by the learned Second Additional Civil Judge
(JD), Roorkee, District Haridwar, along with the entire
proceedings of Case No. 713 of 2023, “State vs. Shiv
Mohan and Another” for the offence punishable under
Sections 452, 323, 504, 506, and 325 IPC relating to
FIR No. 373 of 2022 under the jurisdiction of Police
Station Jhabrera, District Haridwar, pending before
the Court of the learned IInd Additional Civil Judge
(J.D.), Roorkee, District Haridwar, be quashed on the
basis of compromise entered into between the
parties.
5. A Compounding Application (IA No. 01 of 2025,
Paper No. 25), along with an affidavit, has been filed
and is annexed with the signatures of the Applicant
and the Respondent No. 2. The same has been duly
verified by their respective counsels, Mr. Anuj Kumar
Tyagi, learned counsel for the Applicants, and Ms.
Asmi, learned counsel for Respondent No. 2.
2025:UHC:7075
6. The Compounding Application has been strongly
opposed by the learned State Counsel, contending
that the offence under Section 452 is non-
compoundable.
7. On interacting with the parties individually,
firstly with Respondent No. 2- Sukarma, who is
supposed to be the injured in the present matter, and
then with the Applicant- Shiv Mohan S/o Late
Kaluram, and Vikul Tyagi S/o Shiv Mohan, the Court
is satisfied that the parties have come into terms of
compromise. The victim/Respondent No. 2 submits
that the issue escalated and was just a triable matter,
and the hurt caused, as shown, is not serious, and
she does not wish to pursue the matter any further.
Likewise, the Applicant also makes a similar
statement that there was a triable issue between the
children which escalated and took the shape of the
criminal case proceedings as mentioned above, and
that the parties have come into terms of compromise.
This Court is satisfied with the submissions and
assertions made.
8. Heard learned counsel for the parties and
perused the material available on record.
9. In light of the legal principles laid down by the
Hon’ble Apex Court in “Gian Singh vs. State of
Punjab, (2012) 10 SCC 303,” and “Dimpey Gujral vs.
Union Territory of Chandigarh,” Transfer Petition
(Criminal) No. 115 of 2012, decided on 06.12.2012,
this Court holds that criminal proceedings may be
quashed if the matter has been amicably settled
between the parties and they are inclined to restore
peace and harmony.
10. Considering the overall facts and circumstances
2025:UHC:7075
of the case, this Court is of the view that the ends of
justice would be met by quashing the entire
proceedings of Case No. 713 of 2023, “State vs. Shiv
Mohan and Another” for the offence punishable under
Sections 452, 323, 504, 506, and 325 IPC relating to
FIR No. 373 of 2022 under the jurisdiction of Police
Station Jhabrera, District Haridwar, pending before
the Court of the learned Second Additional Civil Judge
(JD), Roorkee, District Haridwar.
11. Accordingly, the Compounding Application is
allowed. The entire proceedings of Case No. 713 of
2023, “State vs. Shiv Mohan and Another” for the
offence punishable under Sections 452, 323, 504,
506, and 325 IPC relating to FIR No. 373 of 2022
under the jurisdiction of Police Station Jhabrera,
District Haridwar, pending before the Court of the
learned Second Additional Civil Judge (JD), Roorkee,
District Haridwar, are hereby quashed.
12. The Criminal Miscellaneous Application filed
under Section 528 of the Bharatiya Nagarik Suraksha
Sanhita, 2023, is accordingly disposed of.
(Ashish Naithani, J.)
12.08.2025
Shiksha
SHIKSHA
Digitally signed by SHIKSHA BINJOLA
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24
b5aa08b09c12f21822fbd40bf639b1c,
BINJOLA
postalCode=263001, st=UTTARAKHAND,
serialNumber=FD80A2D028949381C52796A542
D7FF0A9BED00E67B5283D205F18FE29BDF5DD9
, cn=SHIKSHA BINJOLA
Date: 2025.08.13 10:40:28 +05’30’
2025:UHC:7075