C482/176/2024 of MOHKAM SINGH Vs STATE OF UTTARAKHAND

HIGH COURT OF UTTARAKHAND AT NAINITAL

Criminal Misc. Application U/s 482 No. 176 of 202430 July, 2025

Mohkam Singh

Versus

--Applicant

State Of Uttarakhand & another

--Respondents

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Presence:-

Mr. Prakash Chandra, learned counsel for the applicant. Mr. S.C. Dumka, learned AGA along with Ms. Sweta Badola Dobhal, learned Brief Holder for the State. Mr. Vaibhav Singh Chauhan, learned counsel for respondent no.2.

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Hon'ble Pankaj Purohit, J.

Present C482 application has been filed by the applicants along with the joint compounding application (IA/22025) for quashing the FIR dated 03.08.2017, charge-sheet dated 02.10.2018, cognizance/summoning order dated 03.07.2019 and the entire proceedings of Criminal Case No.1503 of 2019, State vs. Mohkam Singh, under Sections 420, 467, 468, 471 & 120-B IPC, pending in the court of learned Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Roorkee, District Haridwar on the basis of compromise entered into between the parties.

2. The ground for seeking compounding of offences is that parties have reached to the terms of compromise wherefor settlement has also reached between them. It is thus, prayed that the present proceedings between the parties may be quashed in

3. Learned State Counsel raised preliminary objection to the effect that the offences sought to be compounded are non-compoundable.

4. Applicant-Mohkam Singh and respondent no.2-Mohammad Aslam are present in the Court being duly identified by their respective counsel. 5. In the compounding application, it is stated that respondent no.2 and the applicant have amicably settled their dispute. Respondent No. 2 has expressed that the matter pertains to civil dispute, and in view of the mutual compromise between the parties, he does not wish to proceed with the criminal proceedings. Accordingly, respondent No. 2 seeks to compound the offence and does not intend to pursue the matter further. 6. Since the parties have settled the dispute amicably and do not want to pursue the aforesaid criminal case, therefore, there is no useful purpose for keeping this criminal case pending and it will be futile exercise to ask the applicants to appear before the trial court as accused to face the trial.

7. 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 675and 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.”

2025:UHC:6648

8. 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.

9. 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 after settlement. Since the answer to the aforesaid points is in affirmative, this Court finds it fit case to permit the parties to compound the matter.

10. 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 Case No.1503 of 2019, State vs. Mohkam Singh, under Sections 420, 467, 468, 471 & 120-B IPC, pending in the court of learned Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Roorkee, District Haridwar are hereby quashed qua the applicant. FIR No.276 of 2017 and the charge-sheet filed pursuant thereto also stand quashed.

11. Present criminal misc. application thus stands allowed. Other pending applications, stand disposed of accordingly.

(Pankaj Purohit, J.) 30.07.2025