C482/1142/2024 of NEERAJ KUSHWAH Vs STATE OF UTTARAKHAND

HIGH COURT OF UTTARAKHAND AT NAINITALCriminal Miscellaenous Application No.1142 of 2024

Neeraj Kushwah and another …..Applicants

Versus

State of Uttarakhand and another ………Respondents

Presence:-

Mr. Pankaj Singh Chauhan, Advocate for the applicants. Mr. S.C. Dumka, AGA with Ms. Sweta Dobhal, B.H. for the State. Mr. Subhash Joshi, Advocate for respondent no.2.Hon'ble Pankaj Purohit, J.

By means of the present C482 application, applicants have prayed to quash the entire proceedings of Criminal Complaint No.2868 of 2021, Sukhvendra Singh vs. Neeraj Kushwah and another, pending in the court of learned Judicial Magistrate, Kashipur, District Udham Singh Nagar, for the offences under Sections 452, 323, 504, 506 IPC.

2. joint compounding application has been moved on behalf of the parties seeking to compound the offences under the aforesaid sections.

3. Both the applicants as well as respondent no.2 are present through virtual mode being identified by their respective counsel.

4. In the compounding application, it has been stated by the parties that they have reached to terms of compromise wherefor settlement has also been arrived at between them. It is thus, prayed that the present criminal proceedings be quashed in terms of the compromise arrived at between them.

5. Learned State Counsel raised preliminary objection to the effect that Section 452 IPC sought to be compounded is non-compoundable.

6. So far as compounding of non-compoundable offence is concerned, the Apex Court has dealt with the consequence of compromise in this regard in the case of B.S. Joshi and others vs. State of Haryana and another, reported in (2003) 4 SCC 675 and has held as below: -

“If for the purpose of securing the ends of justice, quashing of FIR becomes necessary, Section 320 Cr.P.C. would not be bar to the exercise of power ofquashing. It is, however, different matter depending upon the facts and circumstances of each case whether to exercise or not such power.”

7. Thus, the High Court, in exercise of its inherent power can quash criminal proceedings or FIR or complaint, and Section 320 of Cr.P.C. does not limit or affect the powers under Section 482 of the Code of Criminal Procedure, 1973.

8. Since the parties have reached to the terms of the compromise, this Court is of the firm opinion that there would be remote or bleak possibility of conviction in this case. It can also safely be inferred that it would be unfair or contrary to the interest of justice to permit continuation of the criminal proceedings. Since the answer to the aforesaid points is in affirmative, this Court finds it fit case to permit the parties to compound the matter.

9. Accordingly, compounding application (IA/2/2025) is hereby allowed. The compromise arrived at between the parties is accepted. With the result, the entire proceedings of Criminal Complaint No.2868 of 2021, Sukhvendra Singh vs. Neeraj Kushwah and another, pending in the court of learned Judicial Magistrate,

Kashipur, District Udham Singh Nagar, for the offences under Sections 452, 323, 504, 506 IPC, are hereby quashed.

10. Present C482 application, along with all other pending applications, stands disposed of accordingly.

Ravi

(Pankaj Purohit, J.)

21.07.2025