St at e of Ut t arakhand v. Dr. Apoorv Karnat ic) under Sect ions

Mr. Sandeep Kot hari, Advocat e for respondent no. 2. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - By m eans of t his Crim inal Miscellaneous Applicat ion, filed under Sect ion 528 Bharat iya Nagarik Suraksha Sanhit a, applicant has sought quashing of sum m oning order dat ed 02.07.2024 and ent ire proceedings of Crim inal Case No. 1929 of 2024 ( St at e of Ut t arakhand v. Dr. Apoorv Karnat ic) , under Sect ions 279 & 304-A I PC, pending before learned Chief Judicial Magist rat e, Cham pawat .

2. A com pounding applicat ion, j oint ly signed by counsel for applicant and counsel for respondent no. 2 has been filed, duly support ed by affidavit s of applicant , respondent no. 2, as well as legal heirs of t he deceased.

3. The FI R is on record as Annexure- 1 t o t he Crim inal Miscellaneous Applicat ion. Perusal t hereof reveals t hat on 04.05.2023, one Mr. Suresh Chandra Am kholia, S/ o lat e Shiv Dut t was hit by a fast m oving 1 vehicle and due t o t he inj uries sust ained by him in t he said incident , Mr. Suresh Chandra Am kholia passed away. Upon invest igat ion, charge- sheet was against t he applicant for offences punishable under Sect ion 279 & 304-A I PC and learned Chief Judicial Magist rat e, Cham pawat passed sum m oning order against t he applicant , on 02.07.2024.

4. I n t his applicat ion, applicant has challenged t he sum m oning order and also t he proceedings of Crim inal Case No. 1929 of 2024.

5. Learned counsel for t he applicant subm it s t hat t he part ies have resolved t he disput e am icably, t herefore, in view of t he set t lem ent arrived at bet ween t hem , proceedings of Crim inal Case No. 1929 of 2024 and also t he sum m oning order deserved t o be quashed.

6. Respondent no. 2 is t he com plainant , who is connect ed virt ually. On t he last dat e of hearing i.e.

20.08.2025, Mr. Kapil Chandra Am kholia ( cousin of t he deceased) , Mr. Gaurav Am kholia and Mr. Sandeep Am kholia ( t wo sons of t he deceased) were physically present in Court ; while, Sm t . Kunt i Devi ( m ot her of t he deceased) , Sm t . Devki Devi ( wife of t he deceased) and Kuldeep Chandra Am kholia, one of t he son of t he deceased, were connect ed virt ually. Today also, t he m ot her, wife and all t hree sons of deceased are connect ed virt ually. They subm it t ed t hat because of t he set t lem ent , now t hey do not have any rancour wit h t he applicant and proceedings of Crim inal Case No. 1929 of 2024 be quashed.

7. Learned St at e counsel, however, subm it s t hat he has no obj ect ion, if t he m at t er is com pounded. 2

8. Learned counsel appearing for t he applicant gives an undert aking on behalf of her client t hat her client will pay a sum of `1,00,000/ - t o t he widow of t he deceased ( Sm t . Devki Devi) t o com pensat e her, for loss of spousal consort ium , which will be deposit ed before t he Chief Judicial Magist rat e, Cham pawat wit hin 72 hours, who shall release t he am ount in favour of Sm t . Devki Devi ( widow of t he deceased) on her applicat ion.

9. Having regard t o t he nat ure of offence and also considering t he broad guidelines issued by Hon’ble Apex Court in t he case of Gi a n Si n g h Vs St a t e o f Pu n j a b report ed in ( 2 0 1 2 ) 1 0 SCC 3 0 3 ; N a r i n d e r Si n g h & o t h e r s Vs St a t e o f Pu n j a b & a n o t h e r report ed in ( 2 0 1 4 ) 6 SCC 4 6 6 and St a t e o f M a d h y a Pr a d e sh Vs. La x m i N a r a y a n report ed in ( 2 0 1 9 ) 5 SCC 6 8 8 , request of t he applicant deserves t o be acceded t o.

10. Since t he part ies have ent ered int o a com prom ise, t herefore, possibilit y of t he t rial result ing int o convict ion of t he accused is rem ot e and bleak and, t hat being so, cont inuat ion of crim inal proceedings would visit t he accused wit h great oppression, prej udice and inj ust ice. Rat her, it would t ant am ount t o abuse of process of law. Ends of j ust ice would be m et only if crim inal proceedings are put t o an end, because t his would allow t he part ies t o t ranslat e t heir decision t o live in peace in t he realit y. The only considerat ion for t he com prom ise reached bet ween t he part ies seem s t o be t heir desire t o burry t he hat chet for all t im es t o com e. Resolut ion of a disput e by way of a com prom ise bet ween t wo warring groups, t herefore, should at t ract 3 t he im m ediat e and prom pt at t ent ion of a Court which should endeavour t o give full effect t o t he sam e unless such com prom ise is abhorrent t o lawful com posit ion of t he societ y or would prom ot e savagery.

11. I n view of above discussion, Crim inal Miscellaneous Applicat ion is allowed. Ent ire proceedings of Crim inal Case No. 1929 of 2024, pending in t he Court of learned Chief Judicial Magist rat e, Cham pawat is hereby quashed along wit h all proceedings em anat ing t herefrom , subj ect t o deposit of `1,00,000/ - t he applicant before Chief Judicial Magist rat e, Cham pawat , wit hin 72 hours, which m ay be released in favour of Sm t . Devki Devi ( widow of t he deceased) on her applicat ion.

12. Com pounding applicat ion is, accordingly, disposed of. ( M a n o j K u m a r Ti w a r i , J)

21.08.2025 Navin NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f 487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819 DA875643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA 4