[Cites 6, Cited by 0]
Uttarakhand High Court
Sumit And Others ..... Applicants vs Sate Of Uttarakhand And Others on 24 March, 2026
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Office Notes,
reports, orders or
SL.
proceedings or
No Date COURT'S OR JUDGE'S ORDERS
directions and
.
Registrar's order
with Signatures
C-582 No. 498 of 2026
Sumit and Others ..... Applicants
Versus
Sate of Uttarakhand and Others ....Respondents
Hon'ble Ashish Naithani, J.
Mr. Divya Prakash Mittal, learned counsel for the
Applicants.
2. Mr. S.C. Dumka, learned A.G.A. for the State of
Uttarakhand.
3. Mr. Shubhr Rastogi, learned counsel for
Respondent Nos. 2 and 3.
4. The present Application under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, has been
filed on behalf of the Applicants seeking quashing of the
charge-sheet dated 20.10.2022, the summoning order
dated 10.03.2023, and the entire proceedings of
Criminal Case No. 13 of 2023 (C.G. No. 30 of 2023),
"State of Uttarakhand vs. Sumit and Others", pending
before the Court of learned Judicial Magistrate,
Rishikesh, District Dehradun, for the offences
punishable under Sections 147, 323, 354, 504 and 506
IPC.
5. Along with the present application, a joint
Compounding Application (I.A. No. 01 of 2026, Paper
No. 27) has been filed, which bears the signatures of
the parties and is duly endorsed by learned counsel for
the Applicants, Mr. Divya Prakash Mittal, and for
Respondent Nos. 2 and 3, Mr. Shubhr Rastogi. The
application is also supported by affidavits of the parties.
6. As per the Applicants, the dispute arose out of
rivalry between two unions managing ambulance
services for patients and persons requiring medical
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care, which resulted in a scuffle between the parties. It
is submitted that out of the five Applicants, only
Applicant No. 1-Sumit S/o Rampal Dhiman presently
retains the ambulance involved in the incident, whereas
the remaining Applicants as well as Respondent Nos. 2
and 3 have already disposed of the ambulances earlier
managed by them.
7. Today, the Applicants are present in person and
have been duly identified by Mr. D.P. Mittal, learned
counsel. Respondent Nos. 2 and 3 are also present in
person and have been duly identified by Mr. Shubhr
Rastogi, learned counsel.
8. This Court has interacted with the Applicants as
well as Respondent Nos. 2 and 3. During the course of
interaction, all the parties have stated that they have
amicably resolved their dispute and do not wish to
pursue the matter any further. They have further stated
that they have no objection if the Compounding
Application is allowed.
9. Per contra, learned State Counsel has opposed
the Compounding Application on the ground that some
of the offences involved are non-compoundable in
nature.
10. Having considered the submissions of learned
counsel for the parties and upon perusal of the record,
this Court is of the considered view that the dispute
between the parties is essentially private in nature and
has been amicably settled. In such circumstances,
continuation of the criminal proceedings would serve no
useful purpose and would amount to an abuse of the
process of law.
11. Accordingly, in the interest of justice, the
Compounding Application deserves to be allowed and
the entire proceedings of Criminal Case No. 13 of 2023
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(C.G. No. 30 of 2023), titled "State of Uttarakhand vs.
Sumit and Others", pending before the Court of learned
Judicial Magistrate, Rishikesh, District Dehradun, are
liable to be quashed, qua the present Applicants only.
12. The Compounding Application (I.A. No. 01 of
2026) is, accordingly, allowed. The entire proceedings
of the aforesaid criminal case are hereby quashed only
in respect of the present Applicants.
13. Consequently, the present Criminal Miscellaneous
Application filed under Section 528 of the Bharatiya
Nagarik Suraksha Sanhita, 2023, stands disposed of.
(Ashish Naithani, J.)
24.03.2026
Shiksha
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