Magist rat e, Kot dwar, Dist rict Pauri Garhwal. vs Garhwal, pending before t he Court of t he learned

t heir respect ive counsels, Mr. Sachin Panwar, learned counsel for t he Applicant , and Mr. M.S. Bisht , learned counsel for Respondent No. 2.

6. The Applicant , who is present ly in Dist rict Jail, Pauri Garhwal, appearing t hrough conferencing pursuant t o t he order of t his Court dat ed 25.07.2025. He has been duly ident ified by his counsel, Mr. Sachin Panwar, Advocat e.

7. The Com pounding Applicat ion has been st rongly opposed by t he learned St at e Counsel, who subm it s t hat t he offence in quest ion pert ains t o Sect ion 109 of t he B.N.S., 2023 ( corresponding t o Sect ion 307 I PC) , i.e., at t em pt t o m urder. I t is furt her subm it t ed t hat t he vict im , a m inor nam ed Suj al, was at t acked on t he neck wit h a knife by t he Applicant . The St at e Counsel prays t hat , in light of t he serious nat ure of t he offence, t he com pounding applicat ion be rej ect ed.

8. Respondent No. 3/ inj ured- Suj al is present before t his Court along wit h his guardian, Respondent No. 2- his fat her, Anil Kum ar, S/ o Shri Chandrapal. Bot h have been ident ified by t heir counsel, Mr. M.S. Bisht , Advocat e.

9. Upon int eract ing wit h t he part ies, i.e., t he Applicant and t he Com plainant-Anil Kum ar, and t he inj ured m inor- Suj al, it is st at ed before t he Court t hat t hey have ent ered int o a com prom ise and do not wish t o pursue t he m at t er any furt her.

10. The inj ured, Suj al, has subm it t ed before t he Court t hat it is a fam ily affair and he does not wish t o st rain t he fam ilial relat ionship any furt her.

11. Aft er int eract ing wit h t he part ies, specifically t he inj ured, t his Court is of t he considered view t hat t he com pounding applicat ion deserves t o be 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 ” , a n d “ 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. Considering t he overall fact s and circum st ances of t he case, t his Court is of t he view t hat t he ends of j ust ice would be m et by quashing t he ent ire proceedings of Crim inal Case No. 945 of 2025 ( Case Crim e No. 61 of 2025, “ St at e vs. Bhaskar Chaudhary alias Harsh” , for offences punishable under Sect ion 109 of t he B.N.S., 2023, regist ered at Police St at ion Kot dwar, Dist rict Pauri Garhwal, pending before t he Court of t he learned Addit ional Chief Judicial Magist rat e, Kot dwar, Dist rict Pauri Garhwal.

15. Accordingly, t he Com pounding Applicat ion allowed. The ent ire proceedings of Crim inal Case No. 945 of 2025 ( Case Crim e No. 61 of 2025, “ St at e vs. Bhaskar Chaudhary alias Harsh” , for offences punishable under Sect ion 109 of t he B.N.S., 2023, regist ered at Police St at ion Kot dwar, Dist rict Pauri Garhwal, pending before t he Court of t he learned Addit ional Chief Judicial Magist rat e, Kot dwar, Dist rict Pauri Garhwal, are hereby quashed.

16. Since t he ent ire proceedings of Crim inal Case No. 945 of 2025 ( Case Crim e No. 61 of 2025, “ St at e vs. Bhaskar Chaudhary alias Harsh” have been quashed, Applicant No. 1- Bhaskar Chaudhary alias Harish, who is present ly in j udicial cust ody, shall be released fort hwit h, if not required in any ot her case.

17. The Crim inal Miscellaneous Applicat ion 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.) 1 1 .0 8 .2 0 2 5 Shiksha SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822 fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5 283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA