C528/224/2025
2025 Latest Caselaw 2230 UK

Uttarakhand High Court

C528/224/2025 on 4 March, 2025

                   Office Notes, reports,
                   orders or proceedings
SL.
         Date        or directions and                   COURT'S OR JUDGES'S ORDERS
No                 Registrar's order with
                        Signatures
      04.03.2025                            C528 No.224 of 2025
                                            Hon'ble Alok Mahra, J.

Heard Mr. Amit Kapri, learned counsel for the applicant, Mr. Prabhat Kandpal, learned Brief Holder for the State and Mr. Deep Prakash Bhatt, learned counsel for the private respondents.

2. Present C528 application is filed with the prayer to quash the summoning order dated 16.03.2023 and the entire proceedings of Case No.239 of 2021, under Sections 420 & 120B IPC and 3 of UPID Act, pending in the court of Sessions Judge, Pithoragarh 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 420 & 120B IPC and 3 of UPID 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. 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 is allowed. As a result, the summoning order dated 16.03.2023 and the entire proceedings of Case No.239 of 2021, under Sections 420 & 120B IPC and 3 of UPID Act, pending in the court of Sessions Judge, Pithoragarh, are hereby quashed qua the applicant.

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

(Alok Mahra, J.) 04.03.2025 BS