C482/2374/2023 of OM PRAKASH Vs STATE OF UTTARAKHAND

HIGH COURT OF UTTARAKHAND AT NAINITAL

Criminal Misc. Application U/s 482 No. 2374 of 2023

29th April, 2025

Om Prakash ………..Applicant

Versus

State of Uttarakhand and another ……….Respondents

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Presence:- Mr. Mohd Safdar, Advocate for the applicant. Mr. B.C. Joshi, A.G.A. for the State. Mr. Nikhil Singhal, Advocate for respondent no.2.

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Hon'ble Pankaj Purohit, J. (Oral)

Present C482 application has been filed by the applicant along with compounding application for quashing the impugned charge sheet dated 21.04.2023 and summoning order dated 28.04.2023 along with entire proceedings of Criminal Case No.972 of 2023 (Case Crime No.300 of 2022), under Sections 419, 420, 467, 468, 471 and 120-B of IPC, registered with Police Station Ranipur, District Haridwar, pending before learned Judicial Magistrate I[st], Haridwar.

2. For the said purpose, joint compounding application has been moved by the parties, supported by their respective affidavits, in which it has been narrated by both the parties that they have settled their dispute and do not want to proceed with the instant criminal proceedings.

3. Parties were present before this Court on 04.04.2024, duly identified by their respective Advocates and their presence was not required on the next date i.e., 29.04.2025 as per the order passed by Co-ordinate Bench of this Court.

4. On interaction with both the parties, on the last date, they stated that they have settled all their disputes amicably and do not want to prolong the matter any further.

5. Per contra, learned counsel for the State has formally objected to the compounding application in view of offences being non-compoundable in the present case.

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

7. Having considered the submission made by learned counsel for the parties, this Court is convinced that once the parties have decided to settle their dispute amicably, no fruitful purpose would be served to ask the parties to face the trial, in case, which would ultimately result into acquittal as the said exercise would be futile exercise between the trial court, given the compromise entered between the parties.

8. Accordingly, Compounding Application (IA No.1 of 2023) is allowed. The offences between the parties are permitted to be compounded. As result, the impugned charge sheet dated 21.04.2023 and summoning order dated 28.04.2023 along with proceedings of Criminal Case No.972 of 2023 (Case Crime No.300 of 2022), under Sections 419, 420, 467, 468, 471 and 120-B of IPC, registered with Police Station Ranipur, District Haridwar, pending before learned Judicial Magistrate I[st], Haridwar is hereby quashed, qua, the applicant. 9. C482 application stands disposed-off, in the aforesaid terms.

(Pankaj Purohit, J.) 29.04.2025