"State vs Dev Singh And Others"
2025 Latest Caselaw 2134 UK

Uttarakhand High Court

"State vs Dev Singh And Others" on 19 February, 2025

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                      COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  C528 No. 131 of 2025
                                  Hon'ble Alok Mahra, J.

Mr. Prabhat Bohra, Advocate for the applicant.

2. Mr. Devendra Singh, AGA assisted by Mr. Akshay Latwal, Brief Holder for the State.

3. Mr. Mahavir Kohli, Advocate for the complainant/respondent no.2.

4. Present C528 Application is filed against the judgement and order dated 09.10.2024, passed by Civil Judge (S/D)/ Judicial Magistrate, Pithoragarh in Criminal Case No. 1881 of 2020, now (129 of 2023) "State vs. Dev Singh and others", whereby applicants namely, Rahul Lunthi, Dev Singh @ Deepak Lunthi, Manoj Singh @ Mannu Thakurathi, Prajwal Singh @ Kukku Mall and Tapan Rawat have been convicted under Section 269 IPC and sentenced accordingly; further, applicants Dev Singh @ Deepak Lunthi, Manoj Singh @ Mannu Thakurathi, Prajwal Singh @ Kukku Mall and Tapan Rawat have been convicted under Section 147 IPC and sentenced accordingly; applicants Dev Singh @ Deepak Lunthi, Manoj Singh @ Mannu Thakurathi, Prajwal Singh @ Kukku Mall and Tapan Rawat have been convicted under Section 332 IPC and sentenced accordingly; and applicants Dev Singh @ Deepak Lunthi, Manoj Singh @ Mannu Thakurathi, Prajwal Singh @ Kukku Mall and Tapan Rawat have been convicted under Section 353 IPC and sentenced accordingly. Parties have prayed to quash the judgement and order dated 09.10.2024 on the basis of compromise arrived at between the parties.

5. A Compounding Application (IA No. 1 of 2025) is also filed in the matter, wherein it is prayed to compound the offences between the parties of the offences mentioned above.

6. Applicants Dev Singh @ Deepak Lunthi, Manoj Singh @ Mannu Thakurathi, Prajwal Singh @ Kukku Mall and Tapan Rawat and Rahul Lunthi and respondent no.2 Praveen Kumar Rai, are present in person before this Court duly identified by their respective counsels. Parties have also filed their respective affidavits stating therein the above facts of compromise between them.

7. Learned State Counsel raised a preliminary objection to the effect that the offences sought to be compounded are non- compoundable.

8. However, the Hon'ble Apex Court in the case of B.S. Joshi and others Vs. State of Haryana reported in (2003) 4 S.C.C., Page 675, has permitted compounding of non- compoundable offences with the permission of Court.

9. In view of the above, Compounding Application IA No.1 of 2025 is allowed. As a consequence thereof, Judgment and Order dated 09.10.2024, passed by Civil Judge, (Sr. Div.)/Judicial Magistrate, Pithoragarh in Criminal Case No. 1881 of 2020 now (129 of 2023) "State vs. Dev Singh and others, are hereby quashed.

10. Present petition is, thus, disposed of in terms of compromise arrived at between the parties.

(Alok Mahra J.) 19.02.2025 Kaushal/Anand