Uttarakhand High Court
CRLA/494/2022 on 8 October, 2025
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
2025:UHC:8907
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
CRLA No. 480 of 2022
With
Compounding application No. 2 of 2025
With
CRLA No. 494 of 2022
Hon'ble Rakesh Thapliyal, J.
1. Mr. Pankaj Tangwan, learned counsel
for the appellants.
2. Mr. V.S. Pal, learned A.G.A. for the
State.
3. Mr. Jitendra Kumar, learned counsel
for the complainant.
4. The CRLA No. 480 of 2022 has been
preferred by the appellants/convicts
against the judgment and order dated
28.10.2022, passed by the learned District
& Sessions Judge, Haridwar in Session
Trial No. 243 of 2007, arising out of Case
Crime No. 1A/5A of 2004, whereby the
appellants have been convicted for the
offence punishable under Section 308 read
with Section 149 of IPC and sentenced to
undergo 3 years rigorous imprisonment
with the fine of Rs. 5,000/-, and in default
of payment of fine they have to further
undergo one month's simple
imprisonment. Similarly, for the offence
punishable under Section 323 read with
Section 149 IPC, all the appellants have
been convicted and sentenced to undergo
6 months rigorous imprisonment and for
the offence punishable under Section 324
read with Section 149 IPC the appellants
have been convicted and sentenced to one
year rigorous imprisonment with the fine
of Rs. 2,000/-, and for the offence
punishable under Section 147 IPC, the
appellants have also been convicted and
sentenced to undergo six months rigorous
imprisonment and for the offence
punishable under Section 148 IPC the
appellants have been convicted and
sentenced to undergo one year rigorous
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imprisonment.
5. Now compounding application IA No.
2 of 2025 has been moved with this
contention that the appellants as well
respondent/complainant belong to the
same village and they have settled their
disputes amicably and all of them are
living happily and their relations are very
cordial and does not want to proceed with
the instant appeal. Apart from this, it is
also argued that all of them are closely
associated and the allegations are nothing
but the dispute in between two groups of
the same village and all of them have
settled their disputes.
6. Another appeal CRLA No. 494 of
2022 has been moved by the complainant
for enhancement of the sentence and the
same is also clubbed with the CRLA No.
480 of 2022.
7. Appellant no. 2 Chintu @ Chimtu
Singh and appellant no. 5 Balaharu @
Roshan Lal have already died, therefore,
CRLA No. 480 of 2022 stand abated
against both of them. Remaining six
appellants are present in the Court.
Complainant Arvind Kumar who also filed
separate appeal CRLA No. 494 of 2022 has
also moved the compounding application
along with the appellants/convict and is
also present in the Court.
8. This Court interact with each of
them, particularly with the complainant
who submits that he has resolved all the
disputes with the appellants and all of
them belongs to the same village and their
relations are very cordial, therefore, he
does not want to pursue this criminal
appeal and submits that compounding
application be allowed by set-asiding the
order of conviction.
9. On the other side, Mr. V.S. Pal,
learned A.G.A. submits that prima facie
allegation appears to be a dispute in
between the two groups of village and
since now they all have settled their
disputes, the compounding application can
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be allowed. He further submits that except
the offence punishable under Section 323
IPC rest of the offences are not
compoundable, however, he fairly submits
that since the parties have settled their
dispute and all of them belongs to the
same village and now their relations are
very cordial and now present in the Court,
therefore, there is no useful purpose to
keep these criminal appeals pending.
10. The appellants and the complainant
who are present in the Court are identified
by their respective counsel. Xerox copy of
the Aadhar cards signed by the parties
and verified by their counsel are filed
and kept on record.
11. After hearing the arguments of the
learned counsel for the parties, this Court
is of the view that the compounding
application deserves to be allowed.
12. Accordingly, compounding application
is allowed and the judgment and order
dated 28.10.2022 passed by the learned
District & Sessions Judge, Haridwar in
Session Trial No. 243 of 2007 is set aside.
Simultaneously, proceedings of both the
criminal appeals are closed.
(Rakesh Thapliyal, J.)
08.10.2025
Parul
2025:UHC:8907
