Uttarakhand High Court
Unknown vs State Of Uttarakhand And Another on 13 June, 2025
2025:UHC:4908
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Misc. Application No. 1554 of 2016
13th June, 2025
Gurmeet Singh and Another --Applicants
Versus
State Of Uttarakhand and Another --Respondents
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Presence:-
Mr. T.P.S. Takuli, learned counsel for the applicants.
Mr. Tumul Nainwal, learned AGA for the State.
Mr. Pradeep Chamyal, learned counsel for respondent no.2.
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JUDGMENT:
(per Alok Mahra J.)
Heard learned counsel for the applicants,
learned counsel for the State as well as learned counsel
for respondent no.2.
2. By means of the present misc. application the
applicants seek to quash the charge sheet no.29 of 2016,
summoning order dated 29.07.2016 and subsequently the
order dated 30.08.2016 passed by the Civil Judge
(J.D.)/Judicial Magistrate, Khatima, District Udham
Singh Nagar in Criminal Case No.1365 of 2016, pursuant
to the FIR No.34 of 2016, under Section 324 of IPC and
Section 3 (1) (10) of S.C./S.T. Act., pending in the court of
2025:UHC:4908
Civil Judge (J.D.)/Judicial Magistrate, Khatima, District
Udham Singh Nagar on the basis of compromise between
the parties.
3. Compounding application (CRMA/1847/2016)
is also filed in the matter wherein it is prayed to
compound the offence between the parties under Section
324 of IPC and Section 3 (1) (10) of Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act.
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. However, the Hon'ble Apex Court in the case of
Ramgopal and Another Vs. State of Madhya Pradesh
reported in (2022) 14 S.C.C., Page 531, has permitted
compounding of non-compoundable offences with the
permission of Court even relating to the SC&ST Act. On
perusal of the compounding application it has come out
that the alleged offence was not committed on account of
the caste of the victim.
2025:UHC:4908
7. Following the aforesaid ratio, present
compounding application is allowed. The offences between
the parties are permitted to be compounded. As a result,
the charge sheet no.29 of 2016, summoning order dated
29.07.2016 and subsequently the order dated 30.08.2016
passed by the Civil Judge (J.D.)/Judicial Magistrate,
Khatima, District Udham Singh Nagar in Criminal Case
No.1365 of 2016, pursuant to the FIR No.34 of 2016,
under Section 324 of IPC and Section 3 (1) (10) of
S.C./S.T. Act., pending in the court of Civil Judge
(J.D.)/Judicial Magistrate, Khatima, District Udham
Singh Nagar, are hereby quashed qua the applicants.
8. C528 application stands disposed of in the
aforesaid terms.
9. Pending application, if any, also stands
disposed of.
(ALOK MAHRA, J.)
Dated: 13.06.2025
BS
BALWANT
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF
2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02fe2eacbf28cdf4ba7
SINGH
ce8640c5820, postalCode=263001, st=UTTARAKHAND,
serialNumber=04E141DF4614F9A4D5F48346EB553DE5185F418755DC0
0A7A13C14A680C3FA90, cn=BALWANT SINGH
Date: 2025.06.13 17:13:36 +05'30'
