Ashok Kumar Arya vs State Of Uttarakhand And Another
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Uttarakhand High Court

Ashok Kumar Arya vs State Of Uttarakhand And Another on 25 February, 2026

                                                                                   2026:UHC:1291
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                              Compounding Application (IA No. 02 of 2025)
                              In
                              CRLA No. 219 of 2024
                              Ashok Kumar Arya
                                                                 --Appellant
                                                    Versus
                              State of Uttarakhand and Another
                                                               --Respondents

Hon'ble Ashish Naithani, J., Mr. Shubham Dhariyal and Mr. Prasoon Dhariyal, learned counsels for the Appellant.

2. Mr. S.S. Chauhan, learned Deputy Advocate General assisted by Mr. Vikash Uniyal, learned Brief Holder for the State.

3. Mr. Rohit Kumar, learned counsel for the Complainant.

4. The present Criminal Appeal has been preferred against the judgment and order dated 02.04.2024, passed by the learned Additional Sessions Judge-II, Haldwani, District Nainital, in Sessions Trial No. 53 of 2021, State vs. Ashok Kumar Arya, whereby the Appellant was convicted under Sections 307, 323 and 506 of the Indian Penal Code and sentenced as follows:

Under Section 307 IPC - to undergo five years' rigorous imprisonment along with a fine of Rs. 25,000/-, and in default of payment of fine, to undergo simple imprisonment for three months.

Under Section 323 IPC - to undergo one year's simple imprisonment along with a fine of Rs. 1,000/-, and in default of payment of fine, to undergo simple imprisonment for one week. Under Section 506 IPC - to undergo one year's simple imprisonment along with a fine of Rs. 1,000/-, and in default of payment of fine, to undergo simple imprisonment for one week.

5. Along with the present Criminal Appeal, a joint Compounding Application (I.A. No. 02 of 2025) has been filed, duly signed by the parties and supported by their respective affidavits, stating that the parties have amicably settled the dispute and that the matter may accordingly be compounded.

6. The parties are present before this Court and are duly identified by their respective counsels.

7. Learned State Counsel has opposed the Compounding Application on the ground that the offence under Section 307 IPC is not compoundable.

8. After interacting with the parties, this Court is of the considered opinion that the parties have entered into a compromise voluntarily and without any coercion. The Court is satisfied that the compromise is genuine.

9. Considering the overall facts and circumstances of the case, the Compounding Application is allowed. The compromise arrived at between the parties is accepted. Consequently, the judgment and order dated 02.04.2024, passed by the learned Additional Sessions Judge-II, Haldwani, District Nainital, in Sessions Trial No. 53 of 2021, State vs. Ashok Kumar Arya, is hereby quashed and set aside insofar as it relates to the present appellant, in terms of the compromise.

10. The Criminal Appeal stands disposed of accordingly.

(Ashish Naithani, J.) 25.02-2026

SHIKSHA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822f

BINJOLA bd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B52 83D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2026.02.25 16:38:55 +05'30'

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