St at e of Ut t arakhand v. Ranj eet Singh alias Laddi and Ot hers

Mr. Manoj Bhat t , learned counsel t he Respondent Nos. 2 and 3.

4. The present applicat ion under Sect ion 528 of t he Bharat iya Nagarik Suraksha Sanhit a, 2023, has been filed on behalf of t he Applicant- Ranj eet Singh alias Laddi against Respondent Nos. 1 and 2- Balraj Singh and Manj eet Singh, respect ively seeking quashing of t he charge sheet dat ed 16.04.2024, t he sum m oning order dat ed 06.01.2025 passed by t he learned Addit ional Chief Judicial Magist rat e, Khat im a, Dist rict Udham Singh Nagar and t he ent ire proceedings of Crim inal Case/ Sessions Trial No. 10 of 2025, “ St at e of Ut t arakhand vs. Ranj eet Singh alias Laddi and Ot hers,” for offence punishable under Sect ions 307, 323, and 504 of t he I ndian Penal Code, 1860, pending before t he Court of t he learned Addit ional Dist r ict and Sessions Judge, Khat im a, Dist rict Udham Singh Nagar.

5. Along w it h t he present applicat ion under Sect ion 528, a j oint Com pounding Applicat ion ( I .A. No. 1 of 2025) has been filed and signed by t he part ies, duly support ed by t heir separat e affidavit s, wherein it is st at ed t hat t he part ies have ent ered int o a com prom ise and request t hat , in t his light , t he m at t er m ay be com pounded.

6. The Coordinat e Bench, dat ed

23.05.2025, has not ed t he obj ect ions of t he learned St at e counsel.

7. The learned St at e counsel m akes a st at em ent t hat t he m at t er in which com pounding or quashing of t he order is being sought relat es t o an offence under Sect ion 307, which defines an at t em pt t o m urder, and t hat w it hout knowing t he previous crim inal hist ory, t he com pounding/ com prom ise shall not be considered.

8. As per t he order sheet dat ed 23.05.2025, t he Coordinat e Bench direct ed t he pet it ioner/ accused t o deposit t he am ount of Rs. 30,000/ - wit hin a period of one week wit h t he Trial Court concerned and t o produce t he receipt of t he sam e. I t was furt her direct ed t hat t he part ies shall appear before t he Secret ary, Dist r ict Legal Services Aut horit y, Rudrapur, Dist rict Udham Singh Nagar on 09.06.2025, who, in t urn, would t ake t heir Aadhaar Cards for ident ificat ion and also verify and aut hent icat e t he cont ent s of t he com pounding applicat ion by recording t heir st at em ent s. I t was furt her direct ed t hat counsels for t he respect ive part ies shall also appear before t he Secret ary, Dist rict Legal Services Aut horit y, Rudrapur, Dist rict Udham Singh Nagar t o ident ify t heir client s. Furt her direct ions were m ade for subm it t ing t he report of t he learned Secret ary, Dist rict Legal Services Aut horit y, Rudrapur, Dist rict Udham Singh Nagar before t he next dat e of list ing.

9. Today, Applicant No. 1- Ranj eet Singh alias Laddis is present in person before t he Court and is duly ident ified by Mr. Mani Kum ar, Advocat e. Respondent No. 2- Balraj Singh and Respondent No. 3- Manj eet Singh are also present in person before t he Court and are duly ident ified by Mr. Manoj Bhat t , Advocat e.

10. As per t he First I nform at ion Report , which was lodged by Respondent No. 2- Balraj Singh, it is alleged t hat on 31.12.2023, while he was at hom e, due t o a m ining disput e, t here was a t ussle bet ween t he part ies. Wit h int ent t o hurt , t he com plainant / Respondent No. 2 Balraj Singh was fired upon wit h a firearm , and he som ehow saved his life by evading t he bullet . As per t he FI R, t here was no inj ury apparent result ing from t he firing. However, according t o t he m edical report , Respondent No. 2- Balraj Singh sust ained an inj ury, part icularly a cont usion over t he left knee m easuring 4x4x1 cm wit h t enderness, caused by som e blunt obj ect , w hereas t he inj ury sust ained by Respondent No. 3- Manj eet Singh is not ed as “ Linear Abrasion over right nasal alae and crushed blood present in right nost ril.”

11. The Court also int eract ed wit h bot h t he inj ured/ Respondent Nos. 2 and 3. During t he int eract ion, t hey m ade a st at em ent t hat t hey are relat ives and do not wish t o pursue t he m at t er any furt her. They fairly conceded t hat t hey have no obj ect ion if t he com pounding applicat ion is allowed.

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

13. I n light of t he legal principles laid down by t he Hon’ble Apex Court in Gi a n Si n g h v s. St a t e o f Pu n j a b , ( 2 0 1 2 ) 1 0 SCC 3 0 3 , and 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 , 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 e ci d e d o n 0 6 .1 2 .2 0 1 2 , t his Court holds t hat crim inal proceedings m ay be quashed if t he m at t er has been am icably set t led bet ween t he part ies and t hey are inclined t o rest ore peace and harm ony.

14. Per cont ra, t he learned St at e Counsel raised a prelim inary obj ect ion, st at ing t hat som e of t he offences sought t o be com pounded are non- com poundable.

15. Considering t he overall fact s and circum st ances of t he case, and as t he part ies are relat ives, t his Court is of t he view t hat t he ends of j ust ice w ould be m et by quashing t he ent ire proceedings of Crim inal Case/ Sessions Trial No. 10 of 2025, “ St at e of Ut t arakhand vs. Ranj eet Singh alias Laddi and Ot hers,” for offences punishable under Sect ions 307, 323, and 504 of t he I ndian Penal Code, 1860, pending before t he Court of t he learned Addit ional Dist r ict and Sessions Judge, Khat im a, Dist rict Udham Singh Nagar.

16. Accordingly, t he Com pounding Applicat ion allowed. The ent ire proceedings of Crim inal Case/ Sessions Trial No. 10 of 2025, “ St at e of Ut t arakhand vs. Ranj eet Singh alias Laddi and Ot hers,” for offences punishable under Sect ions 307, 323, and 504 of t he I ndian Penal Code, 1860, pending before t he Court of t he learned Addit ional Dist r ict and Sessions Judge, Khat im a, Dist rict Udham Singh Nagar, are hereby quashed.

17. The Crim inal Miscellaneous Applicat ion filed under Sect ion 528 of t he Bharat iya Nagarik Suraksha Sanhit a, 2023, is accordingly disposed of. ( A sh i sh N a i t h a n i , J.) 2 4 .0 6 .2 0 2 5 Shiksha SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd4 0bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D 205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA