C528/990/2024
2025 Latest Caselaw 2164 UK

Citation : 2025 Latest Caselaw 2164 UK
Judgement Date : 21 February, 2025

Uttarakhand High Court

C528/990/2024 on 21 February, 2025

                   Office Notes, reports,
                   orders or proceedings
SL.
         Date        or directions and                   COURT'S OR JUDGES'S ORDERS
No                 Registrar's order with
                        Signatures
      21.02.2025                            C528 No.990 of 2024
                                            Hon'ble Alok Mahra, J.

Heard Mr. T.A. Khan, learned Senior Counsel assisted by Mr. Mohd. Shafy, learned counsel for the applicants, Mr. Deepak Bisht, learned DAG for the State and Mr. Ahrar Baig, learned counsel for the private respondents through V.C.

2. Present C528 application is filed with the prayer to quash the entire proceedings of Criminal Case No.3025 of 2023 (FIR No.0420/2023), under Sections 420, 467, 468, 471, 504, 506 & 120B of IPC, pending in the court of Addl. Chief Judicial Magistrate/II Addl. Civil Judge (SD) Rudrapur, District Udham Singh Nagar on the basis of compromise between the parties.

3. Compounding application (IA/2/2024) is also filed in the matter wherein it is prayed to compound the offence between the parties under Sections 420, 467, 468, 471, 504, 506 & 120B of IPC.

4. Parties are present before this Court today and duly identified by their respective counsels. Parties have also filed their respective affidavits stating the above fact of compromise between them.

5. Learned State Counsel has formally opposed the compounding application.

6. Hon'ble Supreme Court, in a catena of its judgments, has observed that in cases where because of the compromise arrived at between the parties possibility of conviction is remote and bleak, the High Court may quash the criminal proceedings as continuation of the same would cause great prejudice and injustice to the accused.

7. In view of the above, Compounding Application IA No.1 of 2024 is allowed. As a result, the entire proceedings of Criminal Case No.3025 of 2023 (FIR No.0420/2023), under Sections 420, 467, 468, 471, 504, 506 & 120B of IPC, pending in the court of Addl. Chief Judicial Magistrate/II Addl. Civil Judge (SD) Rudrapur, District Udham Singh Nagar, are hereby quashed qua the applicants.

8. The Trial Court is also directed to release the amount of Rs.10 lakhs bearing FDR No.756951 dated 06.12.2023 issued by Nainital Bank Ltd. Branch Rudrapur in favour of respondent no.3.

9. C528 application stands disposed of in the aforesaid terms.

(Alok Mahra, J.) 21.02.2025 BS