Uttarakhand High Court
C528/328/2026 on 27 February, 2026
2026:UHC:1439
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
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and Registrar's
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C528/328/2026
Hon'ble Alok Mahra, J.
Mr. Deep Prakash Bhatt, learned counsel for the applicant.
2. Mr. S.C. Dumka, learned Deputy A.G. along with Mr. Pradeep Lohan, learned Brief Holder for the State.
3. Mr. Chandramauli Sah, learned counsel for respondent no.2.
4. Present C-528 application has been filed seeking quashing of the charge-sheet, cognizance/summoning order dated 30.09.2024 passed by the learned Chief Judicial Magistrate, Pithoragarh, District Pithoragarh in Criminal Case No.1420 of 2024, under Sections 287, 338 I.P.C. as well as the entire criminal proceedings arising therefrom.
5. Learned counsel for the applicant would submit that the present matter is relating to negligence of the electricity department and during the course of medical treatement, doctors has amputate the right hand of respondent no.2 for which the respondent no.2 has lodged F.I.R.; that, the Investigating Officer after completion of investigation has submitted chargesheet, on which, learned trial court took cognizance.
6. Learned counsel for the applicant would submit that applicant and the complainant/respondent no. 2 have now amicably resolved their dispute and do not wish to pursue the criminal proceedings any further. In support thereof, a joint compounding application (IA No. 1 of 2026), 2026:UHC:1439 along with affidavits of the applicant and the complainant/respondent no.2, has been filed stating that the complainant do not wish to prosecute the applicant.
7. The applicant and respondent no. 2/complainant are present in person through Video Conferencing and have been duly identified by their respective counsel. Upon interaction with the Court, respondent no.2/complainant would submit that he does not wish to pursue the matter and now he has received the amount of compensation, thus, he does not wish to prosecute the applicant any further.
8. Learned State Counsel opposes the application, on the ground that the allegations include an offence under Section 278 I.P.C., which is non-compoundable in nature. However, does not dispute the factum of compromise between the parties or the filing of the joint compounding application.
9. Heard learned counsel for the parties and perused the record.
10. At the outset, this Court has considered the nature of the offences alleged against the applicant under Sections 287 and 338 I.P.C., arising out of an incident pertaining to alleged negligence in connection with electricity supply, which resulted in grievous injury to respondent no.2 and eventual amputation of his right hand during medical treatment. The charge- sheet has been submitted after investigation and cognizance has been taken by the learned Chief Judicial Magistrate, Pithoragarh.
11. It is not in dispute that the applicant and respondent no.2 have amicably resolved their dispute. A joint compounding 2026:UHC:1439 application (IA No.1 of 2026), duly supported by affidavits of both parties, has been filed on record. The parties are present in person before this Court and have been duly identified by their respective counsel. Upon interaction, respondent no.2 has categorically stated that he has entered into the compromise voluntarily, without any coercion or undue influence, and that he has received compensation from the concerned Department. He has further stated that he does not wish to prosecute the applicant any further.
12. So far as the objection raised by the learned State Counsel with regard to the non-compoundable nature of the offence is concerned, it is well settled that even in respect of non-compoundable offences, the High Court, in exercise of its inherent powers under Section 482 Cr.P.C., may quash the criminal proceedings if the dispute is essentially private in nature and continuation of proceedings would amount to abuse of the process of Court.
13. The Hon'ble Supreme Court in Gian Singh v. State of Punjab (2012) 10 SCC 303 has held that the High Court can quash criminal proceedings involving non- compoundable offences if the parties have settled the matter and the offences are predominantly of a private character, provided that such quashing would secure the ends of justice. Similarly, in Narinder Singh v. State of Punjab (2014) 6 SCC 466, the Apex Court has laid down broad guidelines for quashing criminal proceedings on the basis of compromise, emphasizing that offences arising out of personal or private disputes, not having serious societal impact, may be quashed in 2026:UHC:1439 appropriate cases.
14. In the present case, the allegations pertain to negligence resulting in injury. The matter does not involve moral turpitude, heinous crime, or an offence against society at large. The injured himself has entered into a compromise and has received compensation. No useful purpose would be served by permitting the criminal proceedings to continue, particularly when the victim is not desirous of supporting the prosecution case.
15. In view of the compromise arrived at between the parties, the statements made before this Court, and the principles laid down by the Hon'ble Supreme Court, this Court is of the considered opinion that continuation of the criminal proceedings would amount to abuse of the process of law and that quashing of the same would secure the ends of justice.
16. Accordingly, the C-528 application deserves to be allowed. The charge-sheet, cognizance/summoning order dated 30.09.2024 passed by the learned Chief Judicial Magistrate, Pithoragarh in Criminal Case No. 1420 of 2024, under Sections 287 and 338 I.P.C., as well as the entire criminal proceedings arising therefrom, are hereby quashed qua the applicant.
17. The compounding application (IA No.1 of 2026) stands disposed of.
MA Digitally signed by MAMTA
RANI
(Alok Mahra J.)
DN: c=IN, o=HIGH COURT OF
UTTARAKHAND, ou=HIGH
COURT OF UTTARAKHAND,
MTA
2.5.4.20=6a812005bebfcf46f24 4f3e584af1449e430ef900bf09a 6d67ebbd642671329b, 27.02.2026 postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d9 Mamta RANI cabfd54852c9e68911ca8b66d d26690a191648ab5d8dd004ef 0, cn=MAMTA RANI Date: 2026.02.27 19:42:54 +05'30'