Uttarakhand High Court
Suraj Kukreti vs State Of Uttarakhand And Another on 8 July, 2026
UKHC010102272026
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
C528/1312/2026
Suraj Kukreti
--Applicant
Versus
State Of Uttarakhand and another
--Respondents
Hon'ble Siddhartha Sah, J.
Mr. Narendra Bali, learned counsel for the
applicant.
2. Mr. Vipul Painuly, learned A.G.A. for the
State.
3. Mr. Subhash Joshi, learned counsel with Mr.
Rajesh Rathor, learned counsel for the respondent
no.2.
4. Mr. Suraj Kukreti, the applicant, is present
through video conferencing and he is identified by
Mr. Narendra Bali, Advocate.
5. Mr. Rohit Kumar Sahu, the respondent no.2
is present through video conferencing and he is
identified by Mr. Subhash Joshi, Advocate.
6. The applicant has filed this Criminal Misc.
Application for the following reliefs :-
“I. Quash the impugned Charge-sheet dated
28.09.2016 (Annexure No.2, Page No.18-20) (F.I.R.
dated 04.08.2016 (Annexure No.1, Page No. 11-17)
registered as Case Crime No.55/2016) for the
offences punishable Under Section 420,406,506
IPC at Police Station Shyampur, District Haridwar
submitted by Investigating Officer, qua the present
applicant.
II. Quash the impugned cognizance/summing
order dated 06.12.2016, (Annexure No.3, Page
No.21-22) passed by the Learned Judicial
Magistrate-First Class, Haridwar in Criminal Case
No. 1728/2016 “State vs. Rajeev Gupta and others
for the offences punishable under Section
420,406,506 IPC at Police Station Shyampur,
District Haridwar, qua the present applicant.
UKHC010102272026III. Quash the entire criminal proceedings of
Criminal Case No. 1728/2016 “State vs. Rajeev
Gupta and others” for the offences punishable
under Section 420,406,506 IPC at Police Station
Shyampur, District Haridwar pending in the court
of Learned Judicial Magistrate-First Class,
Haridwar, qua the present applicant.
IV. Stay the further proceedings of Criminal
Case No.1728/2016 “State vs. Rajeev Gupta and
others” for the offences punishable under Section
420,406,506 IPC at Police Station Shyampur,
District Haridwar pending in the court of Learned
Judicial Magistrate-First Class, Haridwar, qua the
present applicant. during the pendency of the
instant Criminal Misc. Application before this
Hon’ble Court.
V. And/or to pass any such other order or
direction which this Hon’ble Court may deem fit
and proper under the circumstances of the case;
otherwise the applicants will suffer irreparable loss
and injury.”
7. Along with the Criminal Misc. Application
under Section 528 of the B.N.S.S., the applicant
and the respondent no.2 have filed a Compounding
Application (IA No.1 of 2026), wherein, it is stated
that during the pendency of the proceedings, the
parties with the intervention of respective persons
and well-wishers have amicably settled the dispute
outside the Court voluntarily and without any
pressure, coercion, or undue influence. The
complainant/respondent No.2 has now no grievance
against the present applicant and does not want to
pursue the aforesaid criminal proceedings any
further.
8. The respondent no.2 has voluntarily
compounded the offence with the present applicant
without any pressure.
9. A query was made by the Court to the
respondent no. 2 / informant, who is appearing
through VC and he has stated before the Court that
he does not wish to pursue the matter any further
and he wants that the matter may be compounded
qua the applicant inasmuch as the applicant has
already sought forgiveness and whatever
misunderstanding was there between the applicant
and the respondent no. 2 has been resolved.
UKHC010102272026
10. The Court also interacted with Mr. Suraj
Kukreti, the applicant, who is appearing through VC
and he makes a similar averment.
11. The learned State counsel would submit that
the offences under Sections 406 & 506 IPC are non-
compoundable, and offence under Section 420 IPC is
compoundable only with the leave of the Court.
12. On it, the learned counsel for the applicant
would submit that in view of the judgments of “B.S.
Joshi and others vs. State of Haryana and another“,
(2003) 4 SCC 675, “Nikhil Merchant vs. CBI and
another“, (2008) 9 SCC 650 and “Gian Singh vs.
State of Punjab”, 2012 (10) SCC 303 as well as in
Transfer Petition (Criminal) No. 115 of 2012
(Dimpey Gujral vs. Union Territory of Chandigarh)
decided on 06.12.2012, the Hon’ble Supreme Court
has permitted the compounding of non-
compoundable offence and has held that in exercise
of power under Section 582 B.N.S.S., compounding
can be done in non-compoundable offences.
13. Since the matter has already been resolved
between the respondent no.2/complainant and the
applicant, hence, it will be a futile exercise to let the
matter go for trial qua the applicant.
14. Considering the overall facts and
circumstances of the case, the Compounding
Application (IA No. 1 of 2026) deserves to be
allowed. The Compounding Application is
accordingly allowed.
15. As a consequence thereof, the entire
proceedings of Criminal Case No. 1728 of 2016
“State vs. Rajeev Gupta and others” for the offences
punishable under Sections 420, 406 and 506 IPC,
registered at Police Station Shyampur, District
Haridwar, pending in the Court of learned Judicial
Magistrate, First Class, Haridwar as well as
impugned charge-sheet dated 28.09.2016 and
summoning / cognizance order dated 06.12.2026, qua
the present applicant, are hereby quashed.
16. The present criminal Misc. Application is
disposed accordingly.
17. Pending application, if any, stands disposed of
accordingly.
(Siddhartha Sah, J.)
08.07.2026
Shiv/
