St at e of Ut t arakhand v. Lalit Mohan Ors

Mr. Tej as Agarwal, learned counsel for t he Applicant .

2. Mr. Vipul Painuly, learned A.G.A. for t he St at e of Ut t arakhand.

3. Mr. Mahavir Kohli, and Mr. Uj j wal, learned counsels for Respondent No. 2.

4. The present Applicat ion under Sect ion 528 of t he Bharat iya Nagarik Suraksha Sanhit a, 2023, is wit h a prayer t hat t he ent ire proceedings of Special Sessions Trial No. 15 of 2025, “ St at e of Ut t arakhand vs. Lalit Mohan & Ors.” Pending in t he Court of learned Special Sessions Judge ( SC/ ST Act ) Pauri Garhwal as well as Charge Sheet dat ed

10.03.2025 be quashed on t he basis of t he com prom ise. The com pounding applicat ion which is annexed as paper no. 37 wherein t he part ies have annexed endorse t heir signat ure and t he said applicat ion is being endorsed by t he learned counsel for t he part ies.

5. Today, t he Applicant no.3- Kam lesh Duklan, S/ o Shri Pancham Ram , is present and has been duly ident ified by Mr. Tej as Agarwal, Advocat e. Respondent No. 2- Geet a Diwakar, com plainant , is also present and has been ident ified by Mr. Uj j wal and Mr. Mahavir Kohli, learned counsel for respondent no.2.

6. The m ain disput e are against t he Applicant no. 3 Kam lesh Duklan and Respondent no. 2 Geet a Diwakar, has m ade t he allegat ion t hat she was subj ect ed t o abusive language and result ing in a case against t he Applicant s under SC/ ST Act .

7. On int eract ing wit h t he part ies, especially, respondent no. 2 Geet a Diwakar and Applicant no. 3 Kam lesh Duklan, m ade a st at em ent before t his Court t hat t hey have set t led t heir disput e int o t he t erm s of t he com prom ise. Applicant no. 3 Kam lesh Duklan m akes a st at em ent before t his Court t hat what ever happened in t he present m at t er he feel sorry for t hat and in t hat t erm s respondent no.2 Geet a Diwakar st at ed t hat she is willing t o forgo and forget everyt hing and wishes t o set t le t he m at t er by way of com prom ise.

8. The com pounding applicat ion has been st rongly opposed by t he learned counsel for t he St at e wit h t he cont ent ion t hat t he present m at t er relat es t o t he SC/ ST Act and should not be com pounded.

10. 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 , it is well set t led 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.

10. 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 served by quashing ent ire proceedings of Special Sessions Trial No. 15 of 2025, “ St at e of Ut t arakhand vs. Lalit Mohan & Ors.” Pending in t he Court of learned Special Sessions Judge ( SC/ ST Act ) Pauri Garhwal as w ell as Charge Sheet dat ed 10.03.2025, qua t he present Applicant s only.

11. Accordingly, t he Com pounding Applicat ion is allowed. The ent ire proceedings of Special Sessions Trial No. 15 of 2025, “ St at e of Ut t arakhand vs. Lalit Mohan & Ors.” Pending in t he Court of learned Special Sessions Judge ( SC/ ST Act ) Pauri Garhwal as w ell as Charge Sheet dat ed 10.03.2025 be quashed, are hereby quashed only in respect of t he present Applicant s.

12. 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. 0 4 .0 8 .2 0 2 5 Nahid ( A sh i sh N a i t h a n i , J.)