C528/340/2026
2026 Latest Caselaw 1741 UK

Uttarakhand High Court

C528/340/2026 on 10 March, 2026

                                                                  2026:UHC:1503
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                               C528 No.340 of 2026
                               Hon'ble Alok Mahra, J.

Mr. Vishal Singh Mahara, Advocate for the applicant.

Mr. S.C. Dumka, A.G.A. for the State of Uttarakhand.

Ms. Priyanka Bisht, Advocate for respondent no.2.

2. Present criminal misc. application is filed with the prayer to set-aside/quash the entire proceedings of Sessions Trial No.39 of 2023, pending in the Court of learned Additional Sessions Judge, Pithoragarh on the basis of compromise between the parties.

3. Compounding application (I.A. No.1 of 2026) is filed in the matter, wherein it is prayed to compound the offence between the parties.

4. Parties appeared before this Court, who are duly identified by their respective counsel. Parties have also filed their respective affidavits stating the facts of compromise between them.

5. It is jointly submitted by the parties that they have settled their scores.

6. Learned counsel for the applicant has placed reliance on the judgment rendered by Hon'ble Apex Court in the case of Shriram Urav Vs. State of Chattisgarh, passed in Criminal Appeal No.41 of 2021, decided on 30.01.2025, wherein the Court quashed the conviction of the appellant under 2026:UHC:1503

Sections 366 and 376 I.P.C., considering that the accused and prosecutrix had subsequently married and were living together with four children. The Court held that, in the peculiar facts, continuing the conviction would cause greater injustice and therefore acquitted the appellant.

7. Learned State Counsel vehemently opposed the compounding application.

8. 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.

9. Following the aforesaid ratio, present compounding application is allowed. The offences between the parties are permitted to be compounded. As a result, entire proceedings of entire proceedings of Sessions Trial No.39 of 2023, pending in the Court of learned Additional Sessions Judge, Pithoragarh, are hereby quashed.

10. Criminal misc. application stands disposed of.

(Alok Mahra, J.) 10.03.2026 Arpan

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF

ARPAN JAISWAL UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20dddb7 393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB98744 6351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.03.10 16:15:19 +05'30'