1976 I N TH E H I GH COURT OF UTTA RA K H v. St at e of Ut t arakhand and Anot her

Mr. Bhuvnesh Joshi, Advocat e. Counsel for t he St at e : Mr. Pram od Tiwari, Brief Holder. Counsel for t he Respondent : Mr. Saurabh Budhari, no.2 Advocat e. H o n ’ b l e A sh i sh N a i t h a n i , J. The present Applicat ion has been filed under Sect ion 482 of t he Code of Crim inal Procedure, 1973 t o quash t he charge- sheet , sum m oning order and t he ent ire proceedings of Crim inal Case No. 1438 of 2015 ( Case Crim e No. 60 of 2009) under Sect ions 420, 467, 468 and 120B of I PC, pending before t he Court of learned Addit ional Chief Judicial Magist rat e, Roorkee, Dist rict Haridwar. 2

2. Subsequent t o t he subm ission of t he charge- sheet , learned Trial Court t ook t he cognizance and passed t he sum m oning order against t he applicant - accused person for t he offence under Sect ions 420, 467, 468 and 120 of t he I ndian Penal Code, 1860.

3. Along wit h C- 482 Applicat ion, a j oint Com pounding Applicat ion ( CRMA No. 876 of 2018) has been signed and filed by t he part ies, which is duly support ed by separat e affidavit s of applicant s and respondent no.2 – com plaint .

4. Sm t . Shabana- applicant no.1, Sm t . Asm a, Shri Abdul Rahm an and Mohd. Uj air are present t hrough video conferencing and t hey are duly ident ified by Mr. Bhuvnesh Joshi, Advocat e.

5. Shri Tausif Ali- respondent no. 2 is present in- person and he ident ified by Mr. Saurabh Budhari, Advocat e.

6. Heard learned counsel for t he part ies and perused t he m at erial available on record.

7. The Court also had an int eract ion wit h Shri. Tausif Ali, respondent no. 2 about t he com prom ise, t o which, he fairly conceded t hat he has no obj ect ion if com pounding applicat ion is allowed. 3

8. Respondent no. 2 also subm it t ed t hat he does not want t o proceed wit h t he said Crim inal Case. He furt her subm it t ed t hat t here were privat e disput es bet ween t hem and t he said disput es have been resolved, t herefore, a j oint com pounding applicat ion has been filed along wit h affidavit s wit h free will and wit hout any pressure.

9. The respondent no. 2 request ed t o quash t he ent ire proceedings of t he said Crim inal Case No. 1438 of 2015, ( Case Crim e No. 60 of 2009) , pending before t he Court of Addit ional Chief Judicial Magist rat e, Roorkee, Dist rict Haridwar

10. Learned St at e Counsel raised a prelim inary obj ect ion t o t he effect t hat som e of t he offences sought t o be com pounded are non- com poundable.

11. I n view of t he principle of law laid down by Hon’ble t he Apex Court in t he case of Gi a n Si n g h v s. St a t e o f Pu n j a b r e p o r t e d i n 2 0 1 2 ( 1 0 ) SCC 3 0 3 as well as in Tr a n sf e r Pe t i t i o n ( Cr i m i n a l ) N o . 1 1 5 o f 2 0 1 2 ( D i m p e y Gu j r a l v s. Un i o n Te r r i t o r y o f Ch a n d i g a r h ) d e ci d e d o n 0 6 .1 2 .2 0 1 2 , crim inal proceedings can be quashed by t his Court , if t his Court is sat isfied t hat m at t er has been set t led bet ween t he part ies am icably and part ies are int erest ed t o rest ore peace and harm ony bet ween t hem . 4

12. Keeping in view of t he t ot alit y of t he fact s and circum st ances of t he case, t his Court is of t he view t hat ends of j ust ice would be m et , if t he ent ire proceedings of Crim inal Case No. 1438 of 2015 ( Case Crim e No. 60 of 2009) under Sect ions 420, 467, 468 and 120B of I PC, pending before t he Court of learned Addit ional Chief Judicial Magist rat e, Roorkee, Dist rict Haridwar, are quashed.

13. Result ant ly, t he ent ire proceedings of ent ire proceedings of Crim inal Case No. 1438 of 2015 ( Case Crim e No. 60 of 2009) under Sect ions 420, 467, 468 and 120B of I PC, pending before t he Court of learned Addit ional Chief Judicial Magist rat e, Roorkee, Dist rict Haridwar are hereby quashed.

14. The Crim inal Miscellaneous Applicat ion No. 787 of 2025, filed under Sect ion 482 of t he Code of Crim inal Procedure, is disposed of accordingly. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A SH I SH N A I TH A N I , J. Dt : 20 t h March, 2025 Shik sha