C482/1817/2023 of MANOJ KUMAR Vs STATE OF UTTRAKHAND

HIGH COURT OF UTTARAKHAND AT NAINITAL

Criminal Misc. Application U/s 482 No. 1817 of 202316 July, 2025

Manoj Kumar & others

--Applicants

Versus

State Of Uttrakhand & others

--Respondents

----------------------------------------------------------------------

Presence:-

Ms. Manisha Bhandari, learned counsel for the applicants. Mr. B.C. Joshi, learned AGA for the State. Ms. Garima Thapa, learned counsel holding brief of Ms. Shivangi Gangwar, learned counsel for respondent no.3.

----------------------------------------------------------------------

Hon'ble Pankaj Purohit, J.

Present C482 application has been filed by the applicants along with the joint compounding application (IA/1/2023) for quashing the charge-sheet dated 16.03.2022 under Sections 170, 323, 384, 389, 417 & 120B IPC, registered at P.S. Prem Nagar, District Dehradun in FIR No.0011 of 2022 dated 10.01.2022 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 terms of the compromise arrived at between the parties.

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

4. Applicant no.1-Manoj Kumar, applicant no.2-Sushant @ Subham, applicant no.3-Sachin Kumar and

2025:UHC:6168

respondent no.3/informant-Ram Lakhan are present in the Court being duly identified by their respective counsel.

5. In the compounding application, it has been stated that respondent no.3 has amicably resolved their dispute with the applicants and does not want to pursue with the criminal proceedings.

6. This Court interacted with the parties specifically respondent no.3. Respondent no.3 stated before the Court that he has no grievance against the applicants; want to live peacefully and he does not want to pursue the aforesaid criminal case.

7. 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 applicant to appear before the trial court as accused to face the trial.

8. 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 abar to the exercise of power of quashing. It is, however, different matter depending upon the facts and circumstances of each case whether to exercise or not such power.”

9. 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.

2025:UHC:6168

10. 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.

11. Accordingly, compounding application (IA/3/2025) is hereby allowed. The compromise arrived at between the parties is accepted. With the result, the Charge-Sheet No.01 of 2022 dated 16.03.2022 under Sections 170, 323, 384, 389, 417 & 120B IPC, registered at P.S. Prem Nagar, District Dehradun pursuant to the FIR No.0011 of 2022 dated 10.01.2022 is hereby quashed qua the applicants only, subject to the condition that each applicant shall deposit Rs.5,000/- before the Uttarakhand High Court Bar Association Advocates’ Welfare Fund within fifteen days from today. FIR and all subsequent proceedings pursuant to FIR be also quashed.

12. Present criminal misc. application thus stands allowed.

13. Pending application, if any, stands disposed of accordingly.

(Pankaj Purohit, J.) 16.07.2025