Uttarakhand High Court
Unknown vs Kuldeep on 5 May, 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. 1318 of 2025
Hon'ble Alok Mahra, J.
Mr. Shakib Husain, learned counsel
for the applicant.
2. Mr. V.S. Pal, learned A.G.A. for the
State.
3. Ms. Asmi, learned counsel for the
complainant/respondent nos. 2 and 3.
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. 317 of 2021, State Vs. Kuldeep, under
Sections 279 and 304-A of IPC, pending in
the court of learned Additional Chief
Judicial Magistrate, Laksar, District
Haridwar.
5. In this case, an accident occurred,
whereby, an Alto Car driven by the
applicant hit a motorcycle in which the
rider of the motorcycle got injured due to
which he died. Thereafter, the brother of
the deceased filed an FIR against the
applicant under Sections 279, 337 and 338
of IPC. Chargesheet was filed against the
applicant under Sections 279 and 304(A)
of IPC.
6. Learned counsel for the applicant
would submit that MACT claim was also
filed by the complainant, in which,
compromise was entered into between the
applicant and the complainant.
7. Now, Compounding Application is filed
in the matter wherein it is prayed to
compound the offences between the
parties.
8. Learned counsel for the applicant
submits that the parties have amicably
settled their dispute and have entered into
a compromise.
9. On the last date, parties were present
before this Court and were duly identified
by their respective counsels. Parties have
also filed their respective affidavits stating
the facts of compromise between them.
10. The Court interacted with the parties.
Upon interaction, respondent no. 2
submits that now he has amicably settled
his dispute with the applicant and he does
not want to pursue with the criminal
proceedings against the applicant.
11. At this stage, learned State Counsel
raised a preliminary objection to the effect
that the offences sought to be
compounded are non-compoundable.
12. 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.
13. 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.
14. 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. 317 of 2021, State Vs. Kuldeep,
under Sections 279 and 304-A of IPC,
pending in the court of learned Additional
Chief Judicial Magistrate, Laksar, District
Haridwar, are hereby quashed qua the
applicant. FIR and charge-sheet filed
pursuant thereto stand quashed.
15. Accordingly, the present criminal
misc. application stands disposed of in the
aforesaid terms.
(Alok Mahra J.)
05.05.2026
Ujjwal
