C482/1795/2023 of VIJAY PAL Vs STATE OF UTTARAKHAND

HIGH COURT OF UTTARAKHAND AT NAINITALCriminal Misc Application U/s 482 No.1795 of 202312[th]August, 2025

Vijay Pal

--Applicant

Versus

State Of Uttarakhand & another

--Respondents

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Presence:-

Mr. Shariq Khurshid, Advocate for the applicant. Mr. B.C. Joshi, A.G.A. for the State. Mr. Prince Chauhan, Advocate holding brief of Mr. Kamlesh Tiwari, Advocate for the respondent.

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Hon'ble Pankaj Purohit, J.

Present C482 application has been filed by the applicant, compounding application (IA No.1/2023) for quashing the cognizance order dated 05.02.2022 as well as the entire proceedings of Criminal Case No.372 of 2022 (Case Crime No.74 of 2019), State vs. Vijay Pal & another under Section 384 of I.P.C. pending in the court of learned Judicial Magistrate, Jaspur, District Udham Singh Nagar 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. Applicant (Vijay Pal) and respondent no. 2 (Subhash Sharma) are present in the Court being duly identified by their respective counsel.

4. In the compounding application, it has been stated that applicant and respondent no.2 have amicably

resolved their dispute and they do not want to pursue with the criminal proceedings.

5. On interaction with respondent no.2 he candidly admits that the matter has been settled between them amicably and he does not want to pursue with the present case.

6. Learned State Counsel raised preliminary objection to the effect offence sought to be compounded is non-compoundable.

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 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 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. Further the dispute sought to be resolve is matrimonial dispute which should be put to an end.

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/2/2025) is hereby allowed. The compromise arrived at between the parties is accepted. With the result, the cognizance order dated 05.02.2022 as well as the entire proceedings of Criminal Case No.372 of 2022 (Case Crime No.74 of 2019), State vs. Vijay Pal & another under Section 384 of I.P.C. pending in the court of learned Judicial Magistrate, Jaspur, District Udham Singh Nagar are hereby quashed qua the applicant. Consequently, the FIR dated 31.03.2019 and the charge-sheet filed pursuant thereto also stand quashed qua the applicant only.

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

Anand

(Pankaj Purohit, J.) 12.08.2025