Citation : 2025 Latest Caselaw 2344 UK
Judgement Date : 11 March, 2025
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11.03.2025 C528 No.427 of 2024
Hon'ble Alok Mahra, J.
Heard Mr. Bhuwant Bhatt, learned counsel for the applicant, Mr. Deepak Bisht, learned DAG for the State and Mr. Mehul Joshi, learned counsel for respondent no.2.
2. Present C528 application is filed with the prayer to quash the cognizance order dated 15.06.2024, charge-sheet dated 04.05.2024 and the entire proceedings of S.T. No.81 of 2024 (FIR No.53 of 2024), under Sections 307, 387 & 504 IPC and Section 30 Arms Act, pending in the court of District Judge, Udham Singh Nagar on the basis of compromise between the parties.
3. Compounding application (IA/1/2024) is also filed in the matter wherein it is prayed to compound the offence between the parties under Sections 307, 387 & 504 IPC and Section 30 Arms Act.
4. Parties are present before this Court today and duly identified by their respective counsel. Parties have also filed their respective affidavits stating the above fact of compromise between them.
5. Learned counsel for the applicant would submit that there are no injuries, therefore, the case may be compounded.
6. Learned State Counsel has admitted the above facts mate by learned counsel for the applicant.
7. 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.
8. In view of the above, Compounding Application is allowed. As a result, the cognizance order dated 15.06.2024, charge-sheet dated 04.05.2024 and the entire proceedings of S.T. No.81 of 2024 (FIR No.53 of 2024), under Sections 307, 387 & 504 IPC and Section 30 Arms Act, pending in the court of District Judge, Udham Singh Nagar, are hereby quashed qua the applicant.
9. C528 application stands disposed of in the aforesaid terms.
(Alok Mahra, J.) 11.03.2025 BS
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