C528/179/2025
2025 Latest Caselaw 3938 UK

Citation : 2025 Latest Caselaw 3938 UK
Judgement Date : 29 April, 2025

Uttarakhand High Court

C528/179/2025 on 29 April, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
No.
         Date
                     directions and                    COURT'S OR JUDGE'S ORDERS
                   Registrar's order
                    with Signatures
      29.04.2025                        C-528 No. 179 of 2025
                                        Hon'ble Vivek Bharti Sharma, J.

Ms. Divya Jai, learned counsel for the petitioner.

2. Mr. Deepak Bisht, learned Deputy A.G. for the State.

3. Ms. Sadaf, learned counsel for respondent nos. 2 & 3.

4. Learned counsel for the petitioner would submit that the parties have amicably settled the dispute and now the respondent nos. 2 & 3 do not want to prosecute the petitioner further, therefore, a joint compounding application (IA 1 of 2025) has been filed by the parties to compound the alleged offences with the prayer that the entire proceedings of the criminal case be quashed on the basis of compromise arrived at between the parties.

5. Per contra, the learned State counsel strongly opposed the arguments made by the counsel for the petitioner stating that the alleged offences are of a very serious nature, as they involve a gunshot injury. The counsel argued that these are not merely private disputes but crimes that significantly affect society. Therefore, such serious criminal proceedings should not be quashed merely on the basis of a compromise between the parties.

In support of his submission, learned State counsel relied upon the judgment of Daxaben Vs. The State of Gujarat and others 2022 SCC OnLine SC 936, wherein the Hon'ble Apex Court has held that the criminal proceedings cannot be quashed in the category of serious offences.

Learned State counsel seeks and is granted time to file detailed counter affidavit.

6. List this case on 15.07.2025.

(Vivek Bharti Sharma, J.) 29.04.2025 Mamta