Unknown vs Harvinder Singh And on 17 April, 2026

    0
    27
    ADVERTISEMENT

    Uttarakhand High Court

    Unknown vs Harvinder Singh And on 17 April, 2026

                   Office Notes,
                reports, orders or
                 proceedings or
    No   Date                                     COURT'S OR JUDGES'S ORDERS
                  directions and
                Registrar's order
                 with Signatures
    
                                     C-528 No. 673 of 2026
                                     Hon'ble Alok Mahra, J.
    

    Mr. Sandeep Kothari, learned counsel for
    the applicants.

    2. Ms. Pushpa Bhatt, learned D.A.G.
    alongwith Mr. S.C. Dumka, learned A.G.A. for
    the State.

    SPONSORED

    3. Mr. Ankit Rana, learned counsel for the
    complainant.

    4. The present criminal misc. application is
    filed with the prayer to set-aside and quash the
    chargesheet, cognizance/summoning order as
    well as the entire proceedings of Criminal Case
    No. 30 of 2026, State Vs. Harvinder Singh and
    Others
    , under Sections 147, 148, 149, 325, 504
    and 506 of IPC, pending in the court of learned
    1st Additional Civil Judge (Sr. Div.)/ACJM,
    Haridwar, on the basis of compromise between
    the parties.

    5. The present case is a case of cross FIRs. It
    is submitted that both the parties have entered
    into a compromise and have agreed to withdraw
    all the pending cases filed against each other.

    6. Compounding application is also filed in
    the matter wherein it is prayed to compound
    the offence between the parties under Sections
    147
    , 148, 149, 323, 325 and 506 of IPC.

    7. Applicant No. 1-Harjinder Singh and
    Applicant No. 5-Nirbhav Singh are physically
    present before this Court. Applicant Nos. 2, 3
    and 4 and respondent no. 2 are virtually
    present before this Court. They all are duly
    identified by their respective counsels. Parties
    have also filed their respective affidavits stating
    the facts of compromise between them.

    8. Learned counsel for the applicants submits
    that the parties have amicably settled their
    dispute and have entered into a compromise.

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

    10. However, the Hon’ble Apex Court in the
    case of B.S. Joshi and others Vs. State of Haryana
    reported in (2003) 4 S.C.C., Page 675, has
    permitted compounding of non-compoundable
    offences with the permission of Court.

    11. Furthermore, Hon’ble Supreme Court, in a
    catena of its judgments, has observed that in
    cases where because of the compromise arrived
    at between the parties, possibility of conviction
    is remote and bleak, the High Court may quash
    the criminal proceedings as continuation of the
    same would cause great prejudice and injustice
    to the accused.

    12. Following the aforesaid ratio, the present
    compounding application is allowed. The
    offences between the parties are permitted to
    be compounded. As a result, the entire
    proceedings of Criminal Case No. 30 of 2026,
    State Vs. Harvinder Singh and Others
    , under
    Sections 147, 148, 149, 325, 504 and 506 of
    IPC, pending in the court of learned 1st
    Additional Civil Judge (Sr. Div.)/ACJM,
    Haridwar, are hereby quashed qua the
    applicants. FIR and charge-sheet filed pursuant
    thereto stand quashed.

    13. Accordingly, the present criminal misc.
    application stands disposed of in the aforesaid
    terms.

    (Alok Mahra J.)
    17.04.2026
    Ujjwal



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here