Uttarakhand High Court
Rajesh Kumar And Others ... vs State Of Uttarakhand & Another on 4 August, 2025
2025:UHC:6819
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
CRIMINAL MISC. APPLICATION No.559 of 2025
Rajesh Kumar and others ......Applicants
Vs.
State of Uttarakhand & another .....Respondents
With
CRIMINAL MISC. APPLICATION No.562 of 2025
Baburam and others ......Applicants
Vs.
State of Uttarakhand & another .....Respondents
With
CRIMINAL MISC. APPLICATION No.671 of 2025
Arvind & others ......Applicants
Vs.
State of Uttarakhand & others .....Respondents
Presence:
Mr. Prakash Chandra, learned counsel for the Applicants in C528 No.559
of 2025 and 562 of 2025.
Mr. Bilal Ahmed, learned counsel for the Applicants in C528 No.671 of
2025.
Mr. N.S. Kanyal, learned AGA, for the State of Uttarakhand.
Hon'ble Ashish Naithani, J.
Criminal Misc. Application No. 559 of 2025-----Rajesh Kumar and others Vs. State of Uttarakhand & another along
with connected matters
Ashish Naithani J.
2025:UHC:6819
1. In the present Application filed under Section 528 of the
Bhartiya Nagarik Suraksha Sanhita, the Applicants have put a challenge
to the entire proceedings of Criminal Case No.691 of 2022 "State Vs.
Rajesh and others" for the offences punishable under Sections 323, 325,
504 and 506 of IPC, pending before the court of learned Additional Chief
Judicial Magistrate, Laksar, District Haridwar.
2. In C528 No. 562 of 2025. In the present Application filed under
Section 528 of the Bhartiya Nagarik Suraksha Sanhita, the Applicants
have put a challenge to the entire proceedings of Criminal Case No.1383
of 2020 "State Vs. Rahul and others" for the offences punishable under
Sections 147, 148, 149, 323, 325, 504, 506 and 427 of IPC, pending before
the court of learned Additional Chief Judicial Magistrate, Laksar,
District Haridwar.
3. In C528 No.671 of 2025. In the present Application filed under
Section 528 of the Bhartiya Nagarik Suraksha Sanhita, the Applicants
have put a challenge to the entire proceedings of Criminal Case No.1384
of 2020 "State Vs. Arvind Kumar and others" for the offences punishable
under Sections 147, 148, 149, 323, 325, 452, 504 and 506 of IPC, pending
before the court of learned Additional Chief Judicial Magistrate, Laksar,
District Haridwar.
4. There is a statement made between the parties in all the three
petitions, named above, the parties have settled their dispute amicably,
which arose from the same incident. Both the parties are family members
related to each other and the issue arose on trivial matter. Respondent
No.2 - Suman Devi D/o Chandra Pal Singh, who is victim and the injured.
On interacting with the above Respondent No.2, she says that she is not
Criminal Misc. Application No. 559 of 2025-----Rajesh Kumar and others Vs. State of Uttarakhand & another along
with connected matters
Ashish Naithani J.
2025:UHC:6819
married and her father name is Sri Chandra Pal Singh, whereas in the
petition, instead of referring to father's name, somehow probably due to
typographical error, it has been mentioned as wife of Sri Chandra Pal
Singh. Learned counsel for the Applicants prays a day time to rectify the
same. Applicants and the private Respondent No.2 are present in person
before this Court, who has been identified by their respective learned
counsel.
5. On interacting with the victim injured/Respondent No.2, the
victim makes a statement that there was a trivial issue as the buffaloes of
Applicants had wandered in their field/garden, and just to drive it out of
their garden/field, the assailants hit her. On asking, whether she is under
pressure to compound the matter, or there is any threat perception and she
is under duress. The injured says there is none, and she is willing to
compound the offence as it is a family dispute, which she is willing to
settle down. The victim injured/Respondent No.2, father is also present
before this Court Sri Chandra Pal Singh, who says that the matter was a
trivial issue. Now, the matter is being settled and they are willing to
compound the matter.
6. In C528 No.562 of 2025, Here again, the private Respondent
No.2 is Smt. Suman Devi, who has been wrongly mentioned as W/o Sri
Chandra Pal Singh, whereas, Sri Chandra Pal Singh is her father, and she
is not married yet. Applicants and private Respondent No.2 are present in
person before this Court, who has been duly identified by their respective
counsel.
7. In C528 No.671 of 2025, Parties are present in person, who is
identified by their respective counsel. In the present matter, Respondent
No.3 Rajesh Kumar is the victim and the injured. In the present matter and
Criminal Misc. Application No. 559 of 2025-----Rajesh Kumar and others Vs. State of Uttarakhand & another along
with connected matters
Ashish Naithani J.
2025:UHC:6819
in other two matters, named as above, the medical report is not part of the
record, and in this regard the learned State Counsel makes an objection
and he also objects to the compounding application (IA Nos.1/2025) in the
three cases, there are serious injuries and matter should not be
compounded. In the present matter, learned counsel for the Applicants
submits that there is a typographical error, which needs correction and
seeks permission of the Court. Permission granted. Corrections to be
implemented in the petition today itself. After interacting with the injured
in both the cases, and the fact that they are family members, and the issue
is very trivial, and they are not apparent injuries on the person of both
injured i.e. Smt. Suman Devi and Sri Rajesh Kumar, as such matter can be
compounded in the absence of the medical report.
8. Heard learned counsel for the parties and perused the material
available on record.
9. 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.
10. In view of the above, the compounding applications are allowed
in each file. The entire proceedings of Criminal Case No.691 of 2022
"State Vs. Rajesh and others" for the offences punishable under Sections
323, 325, 504 and 506 of IPC, pending before the court of learned
Additional Chief Judicial Magistrate, Laksar, District Haridwar in C528
Criminal Misc. Application No. 559 of 2025-----Rajesh Kumar and others Vs. State of Uttarakhand & another along
with connected matters
Ashish Naithani J.
2025:UHC:6819
No.559 of 2025. In C528 No.562 of 2025, in the present Application filed
under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, the
Applicants have put a challenge to the entire proceedings of Criminal
Case No.1383 of 2020 "State Vs. Rahul and others" for the offences
punishable under Sections 147, 148, 149, 323, 325, 504, 506 and 427 of
IPC, pending before the court of learned Additional Chief Judicial
Magistrate, Laksar, District Haridwar. In C528 No.671 of 2025, in the
present Application filed under Section 528 of the Bhartiya Nagarik
Suraksha Sanhita, the Applicants have put a challenge to the entire
proceedings of Criminal Case No.1384 of 2020 "State Vs. Arvind Kumar
and others" for the offences punishable under Sections 147, 148, 149,
323, 325, 452, 504 and 506 of IPC, pending before the court of learned
Additional Chief Judicial Magistrate, Laksar, District Haridwar, are
hereby quashed.
11. The Criminal Miscellaneous Application, filed under 528
of the Bhartiya Nagarik Suraksha Sanhita, 2023 is disposed of
accordingly.
12. Let a copy of this judgment be placed in each files by
Bench Secretary of this Court.
(Ashish Naithani J.)
04.08.2025
NR/
Criminal Misc. Application No. 559 of 2025-----Rajesh Kumar and others Vs. State of Uttarakhand & another along
with connected matters
Ashish Naithani J.
