St at e of Ut t arakhand v. Subhash Singh Chauhan Ors

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

3. Mr. Uj j wal and Mahavir Kohli, learned counsel 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 Crim inal Trial No. 2796 of 2024, “ St at e of Ut t arakhand vs. Subhash Singh Chauhan & Ors.” pending t he Court of learned Addit ional Chief Judicial Magist rat e, Kot dwara, Dist rict Pauri Garhwal as well as t he Charge Sheet dat ed 16.08.2024 be quashed on t he basis of t he com prom ise. The com pounding applicat ion which is annexed as paper no. 40 wherein t he part ies have endorsed t heir signat ure and t he said applicat ion is also being endorsed by t he learned counsels for t he part ies respect ively.

5. Today, t he Applicant no.1- Subhash Singh Chauhan, S/ o Shri Dalveer Singh, is present and has been duly ident ified by Mr. Tej as Agarwal, Advocat e. Respondent No. 2- Shivani, com plainant , and Respondent no. 3 Shivam Kum ar are also present and have been duly ident ified by Mr. Mahavir Kohli and Mr. Uj j wal, learned counsels respondent no.2 and 3.

6. On int eract ing wit h t he part ies, t he com plainant Shivani m akes a st at em ent t hat she works in t he com pany where t he Applicant no.1- Subhash Singh Chauhan, who is t he Field Officer and t here was an allegat ion due t o non paym ent of t he salary so due by respondent no. 2 and 3 which result ed in a t rifle bet ween t he applicant s, especially Subhash Singh Chauhan, who was accom panied wit h his driver applicant no.2- Naveen Kum ar S/ o Sri Ram esh Chand and t he Securit y Guard Applicant no.3 Aj eet Singh, S/ o Shri Chandrapal Singh.

7. There is a st at em ent m ade on behalf of Applicant no.1- Subhash Singh Chauhan, who is a Field Officer in a com pany, t hat due t o som e financial crisis, t he Com pany could not pay t he wages and t hus t he agit at ion broken. Now t he part ies have com e int o t he t erm s of com prom ise and t hey do not want t o pursue t he m at t er any furt her. Moreover, t here is a j oint st at em ent m ade by t he part ies t hat t he com pany is no longer under exist ence and t hus t he applicat ion m ay be allowed.

8. The St at e has filed it s obj ect ion t o t he com pounding applicat ion which are form al in nat ure.

9. Aft er int eract ing wit h t he part ies and t he learned Counsel, I find t he grounds sufficient t o com pound t he m at t er.

10. I n light of t he legal principles laid dow n 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.

11. 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 t he ent ire proceedings of Crim inal Trial No. 2796 of 2024, “ St at e of Ut t arakhand vs. Subhash Singh Chauhan & Ors.” Pending in t he Court of learned Addit ional Chief Judicial Magist rat e, Kot dwara, Dist rict Pauri Garhwal as well as t he Charge Sheet dat ed 16.08.2024, qua t he present Applicant only.

12. Accordingly, t he Com pounding Applicat ion is allowed. The ent ire proceedings of Crim inal Trial No. 2796 of 2024, “ St at e of Ut t arakhand vs. Subhash Singh Chauhan & Ors.” Pending in t he Court of learned Addit ional Chief Judicial Magist rat e, Kot dwara, Dist rict Pauri Garhwal as well as t he Charge Sheet dat ed 16.08.2024 are hereby quashed only in respect of t he present Applicant s.

13. 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.)