C528/307/2026 on 16 March, 2026

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    Uttarakhand High Court

    C528/307/2026 on 16 March, 2026

                                                                     2026:UHC:1781
                  Office Notes,
                 reports, orders
                 or proceedings
    SL.
          Date    or directions               COURT'S OR JUDGE'S ORDERS
    No.
                 and Registrar's
                   order with
                   Signatures
                                   C528/307/2026
    
                                   Hon'ble Alok Mahra, J.
    

    Mr. S.R.S. Gill, learned counsel for the
    applicant.

    2. Mr. K.S. Bora, learned Deputy A.G. along
    with Mr. Dinesh Chauhan, learned Brief
    Holder for the State.

    SPONSORED

    3. Mr. Kundan Singh, learned counsel for
    respondent no.2.

    4. Present C-528 application has been filed
    seeking quashing of the charge-sheet,
    cognizance/summoning order dated
    12.03.2018 passed by the learned Additional
    Chief Judicial Magistrate, Kashipur, District
    Udham Singh Nagar in Criminal Case No.1053
    of 2018 under Sections 420, 467, 468 and 471
    I.P.C., as well as the entire criminal
    proceedings arising therefrom.

    5. Heard learned counsel for the parties
    and perused the record.

    6. Learned counsel for the applicant would
    submit that the respondent no.2/complainant
    lodged an F.I.R. on 10.08.2017 alleging that
    forged royalty slips of his stone crusher were
    being used. It is stated that on 09.08.2017 the
    complainant received information that some
    dumpers were using such forged slips.
    Thereafter, he sent his worker to the spot
    where the vehicles were standing, and the
    alleged forged royalty slips were found. Upon
    enquiry, the drivers allegedly stated that the
    slips had been provided by the present
    applicant and that the dumpers belonged to
    the applicant’s brother; that, after completion
    of investigation, the Investigating Officer
    2026:UHC:1781
    submitted the charge-sheet against the
    applicant under Sections 420, 467, 468 and
    471 I.P.C., upon which the learned trial court
    took cognizance and summoned the applicant
    vide order dated 12.03.2018.

    7. Learned counsel for the applicant would
    further submit that during the pendency of
    the proceedings, the parties have amicably
    resolved their dispute and have entered into a
    compromise. It is submitted that the dispute
    was essentially personal in nature and arose
    out of a misunderstanding between the
    parties. In support thereof, a joint
    compounding application along with affidavits
    of the applicant and respondent no.2 has been
    filed before this Court stating that the parties
    have settled the matter amicably and that
    respondent no.2 does not wish to pursue the
    criminal proceedings against the applicant.

    8. On the previous date of hearing i.e.
    26.02.2026, both the applicant and
    respondent no.2 were present in person before
    this Court and were duly identified by their
    respective counsel. This Court interacted with
    the parties to verify the genuineness of the
    compromise. Learned State counsel was also
    directed to obtain instructions as to whether
    any other criminal case of similar nature
    involving the applicant is pending.

    9. Learned State counsel, on instructions,
    submits that no other case of similar nature
    involving the applicant is pending. However,
    he opposed the compounding application on
    the ground that the offences under Sections
    467
    , 468 and 471 I.P.C. are non-

    compoundable offences under Section 320
    Cr.P.C. Nevertheless, he does not dispute the
    factum of compromise between the parties.

    10. Heard learned counsel for the parties
    and has perused the material available on
    2026:UHC:1781
    record.

    11. From the material brought on record, it
    appears that the dispute between the parties
    has arisen out of a private dispute relating to
    the alleged use of forged royalty slips. The
    parties are present before the Court and upon
    interaction have unequivocally stated that
    they have amicably resolved their dispute and
    that the complainant does not wish to pursue
    the criminal proceedings any further. A joint
    compromise application supported by
    affidavits of the parties has also been filed
    affirming the said settlement.

    12. It is true that the offences under
    Sections 467, 468 and 471 I.P.C. are non-
    compoundable offences. However, the law is
    well settled that the High Court, in exercise of
    its inherent powers under Section 482 Cr.P.C.,
    may quash criminal proceedings involving
    non-compoundable offences where the dispute
    is essentially private in nature and the parties
    have amicably settled their differences,
    provided that the continuation of criminal
    proceedings would amount to abuse of the
    process of the Court.

    13. The Hon’ble Supreme Court in Gian
    Singh vs. State of Punjab
    , (2012) 10 SCC 303
    has held that the High Court, in exercise of its
    inherent jurisdiction under Section 482
    Cr.P.C., is empowered to quash criminal
    proceedings in appropriate cases where the
    dispute is essentially of a private and personal
    nature and the parties have settled the matter
    amicably.
    The said principle has been
    reiterated in Narinder Singh vs. State of
    Punjab
    , (2014) 6 SCC 466 and State of
    Madhya Pradesh vs. Laxmi Narayan
    , (2019) 5
    SCC 688, wherein it has been held that
    criminal proceedings arising out of personal
    disputes may be quashed when the parties
    2026:UHC:1781
    have resolved their differences and the
    continuation of such proceedings would
    amount to an abuse of the process of the
    Court.
    Recently, in Ramgopal v. State of
    Madhya Pradesh
    , the Hon’ble Supreme Court
    held that even in cases involving non-
    compoundable offences, the High Court may
    quash criminal proceedings if the parties have
    settled their dispute and the continuation of
    proceedings would serve no useful purpose.

    14. In the present case, the dispute appears
    to be private in nature and does not involve
    any element of public interest or grave societal
    impact. The complainant himself has
    voluntarily entered into a compromise with the
    applicant and has categorically stated that he
    does not wish to pursue the criminal
    proceedings. In such circumstances,
    continuation of the criminal proceedings
    would serve no useful purpose.

    15. Accordingly, in view of the compromise
    arrived at between the parties and the law laid
    down by
    the Hon’ble Supreme Court in the
    aforesaid judgments, the compounding
    application (I.A. No.1 of 2026) deserves to be
    allowed. Consequently, the charge-sheet,
    cognizance/summoning order dated
    12.03.2018 passed by the learned Additional
    Chief Judicial Magistrate, Kashipur, District
    Udham Singh Nagar in Criminal Case No.1053
    of 2018 as well as the entire criminal
    proceedings arising therefrom, are hereby
    quashed.

    16. The present C-528 application is,
    accordingly, allowed.

    17. Pending applications, if any, also stand
    disposed of.

    (Alok Mahra J.)
    16.03.2026
    Mamta
    2026:UHC:1781



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