[Cites 2, Cited by 0]
Uttarakhand High Court
CRLR/897/2025 on 23 December, 2025
Office Notes,
reports, orders
or proceedings
2L.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's 2025:UHC:11497
order with
Signatures
CRLR No.897 of 2025
With
(Compounding Appl. No.02 of 2025)
Hon'ble Ashish Naithani, J.
Mr. Pankaj Singh Chauhan, learned counsel
for the Revisionist.
2. Mr. Vikas Uniyal, learned Brief Holder for
the State.
3. Mr. Shubhash Joshi, learned counsel for
Respondent no.2.
4. Present revision has been filed by the
revisionist, who is in jail, under Section 438/442
of Bhartiya Nagarik Suraksha Sanhita alongwith
compounding application paper no.38, which is
supported with the affidavits of revisionist and
respondent no.2 wherein parties have annexed
their signatures.
5. By means of this revision, revisionist has
sought quashing of the impugned judgment and
order dated 10.12.2025 passed by learned IInd
Additional Sessions Judge, Nainital in Criminal
Appeal No.03 of 2025 Pawan Kumar Chand vs.
State of Uttarakhand and Another as well as the
judgment and order dated 16.12.2024 passed by
learned Additional Chief Judicial Magistrate,
Nainital in Criminal Case No.1874 of 2021
Khelendra Singh vs. Pawan Kumar Chand under
Section 138 of Negotiable Instrument Act.
6. Revisionist, who is in jail, appearing
through V.C. from District Jail, Nainital and
respondent no.2 is present in the Court. They are
duly identified by their respective counsels.
7. Learned counsel for the parties have filed
their respective affidavits along with the
compounding application stating therein that
they do not wish to pursue the present criminal
case any further and a compromise has been
entered between them.
8. After interacting with respondent no.2-
Khelendra Singh Mawari, who submits that he has
paid the total amount to the revisionist, it is evident
that the matter has been resolved between the
parties.
9. Revisionist, who is in judicial custody in
District Jail, Nainital has been put to face to face
through V.C. by the Jailer concerned. On interacting
with the revisionist, through V.C., this Court is
satisfied that the grounds are sufficient to
compound the matter.
10. Learned State counsel has opposed the
compounding application stating that some of
the offences are non-compoundable.
11. Heard learned counsel for the parties and
perused the material available on record.
12. In view of the principle of law laid down
by Ho'ble the Apex Court in the case of Gian
Singh vs. State of Punjab reported in 2012
(10) SCC 303, 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 interest to restore peace
and harmony between them.
13. Having heard learned counsel for the
parties and in view of the above, the
compounding application is allowed. The entire
proceedings arising out of the Criminal Appeal
No.03 of 2025 as well as Criminal Case
No.1874 of 2021 pending in the court of
Learned IInd Additional Sessions Judge, Nainital
and learned Additional Chief Judicial
Magistrate, Nainital are hereby quashed.
14. Accordingly, the criminal revision stands
disposed of.
(Ashish Naithani, J.)
23.12.2025
Arti
ARTI SINGH Digitally signed by ARTI SINGH
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE2521F982, cn=ARTI SINGH
Date: 2025.12.23 16:56:34 +05'30'
