C528/187/2025
2025 Latest Caselaw 2214 UK

Citation : 2025 Latest Caselaw 2214 UK
Judgement Date : 28 February, 2025

Uttarakhand High Court

C528/187/2025 on 28 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
      28.02.2025                            C528 No.187 of 2025
                                            Hon'ble Alok Mahra, J.

Heard Mr. Aamir Malik, learned counsel for the applicant, Mr. Akshay Latwal, learned Brief Holder for the State and Mr. Manoj Bhatt, learned counsel for the private respondents.

2. Present C528 application is filed with the prayer to quash the charge sheet dated 28.10.2022, summoning order dated 22.02.2023 and the entire proceedings of Criminal Case No.175 of 2023 (FIR No.0334/2022), under Sections 323, 354, 392, 341 & 411 IPC, pending in the court of Judicial Magistrate/Civil Judge Kiccha, District Udham Singh Nagar on the basis of compromise between the parties.

3. Compounding application (IA/1/2025) is also filed in the matter wherein it is prayed to compound the offence between the parties under Sections 323, 354, 392, 341 & 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, the charge sheet dated 28.10.2022, summoning order dated 22.02.2023 and the entire proceedings of Criminal Case No.175 of 2023 (FIR No.0334/2022), under Sections 323, 354, 392, 341 & 411 IPC, pending in the court of Judicial Magistrate/Civil Judge Kiccha, District Udham Singh Nagar, are hereby quashed qua the applicant.

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

(Alok Mahra, J.) 28.02.2025 BS