C528/342/2024
2025 Latest Caselaw 2199 UK

Uttarakhand High Court

C528/342/2024 on 27 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
      27.02.2025                            C528 No.342 of 2024
                                            Hon'ble Alok Mahra, J.

Heard Mr. Lalit Sharma, learned counsel for the applicant, Mr. Prabhat Kandpal and Mr. Vikash Uniyal, learned Brief Holder for the State and Mr. Balvinder Singh, learned counsel for the private respondents.

2. Present C528 application is filed with the prayer to quash the charge sheet dated 06.06.2020, summoning order dated 09.07.2020 and the entire proceedings of Criminal Case No.4549 of 2020 (FIR No.143/2020), under Sections 147, 148, 149, 394, 325, 326, 504, 506 and 411 IPC, pending in the court of Chief Judicial Magistrate, Kashipur, 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 147, 148, 149, 394, 325, 326, 504, 506 and 411 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, he charge sheet dated 06.06.2020, summoning order dated 09.07.2020 and the entire proceedings of Criminal Case No.4549 of 2020 (FIR No.143/2020), under Sections 147, 148, 149, 394, 325, 326, 504, 506 and 411 IPC, pending in the court of Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar, are hereby quashed qua the applicants.

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

(Alok Mahra, J.) 27.02.2025 BS