Arjinder Singh v. State of Uttarakhand

SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGE'S ORDERS

IA No.1/2026 (Compounding Application) with C528 No.505 of 2026 Hon'ble Ashish Naithani, J.

Ms. Divya Jain, learned counsel for the Applicants.

¶2Mr. Vipul Painuly, learned AGA with Mr. Chitrarth Kandpal, learned Brief Holder, for the State of Uttarakhand/1.

¶3Ms. Pratima Shail, learned counsel for the Respondent Nos.2 & 3.

¶4In the present Application filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023, the Applicants have put a challenge to the entire proceedings of Sessions Trial No.05 of 2025, "State Vs. Arjinder Singh and another", which is pending before the court of learned Additional Session Judge 1st Rishikesh, Dehradun.

¶5There is a compounding application in which it has been pleaded that the parties have come into the terms of the compromise, and no fruitful purpose would be achieved in permitting the trial to continue and the same is liable to be quashed on account of such compounding. It is also stated by the parties that out of their free will and consent and is free from any undue pressure coercion or undue influence, the matter has been resolved between them. Compounding application has also been filed along with present C528 Application as paper no.56.

¶6The present matter relates to a gunshot injury whereby it was fired by the Applicant No.1 – Arjinder Singh and along with the Applicant, another miscreants was Dushyant Kumar (Applicant No.2). The three gunshot injuries, which was sustained by Shahnawaz/Respondent No.3 and the matter was reported by Respondent No.2 Rukhsan, the wife of the injured Respondent No.3.

¶7The parties are present in person before this Court and the injured and the informant specifically pleaded before this Court that they do not wish to proceed with the matter and they have come into the terms of the compromise with the Applicants without any undue influence. However, the said compounding application has been opposed on behalf of the State with the contention that the matter is serious in nature and some offences are non compoundable and it is prayed that the matter may not be compounded.

¶8After interacting with the parties and on perusal of the records and the application, this Court finds the ground for allowing the compounding application to be sufficient.

¶9Considering the overall facts and circumstance of the case, and particularly, the fact that the parties have settled their dispute amicably, this Court finds ground sufficient for allowing the compounding application.

¶10Heard learned counsel for the parties and perused the material available on record.

¶11In view of the principle of law laid down by Hon'ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303 as well as in Transfer Petition (Criminal) No. 115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, criminal proceedings can be quashed by this Court, if this Court is satisfied that matter has been settled between the parties amicably and parties are interested to restore peace and harmony between them.

¶12In view of the above, the compounding application is allowed. The entire proceedings of the Sessions Trial No.05 of 2025, "State Vs. Arjinder Singh and another", which is pending before the court of learned Additional Session Judge 1st Rishikesh, Dehradun, are hereby quashed.

¶13The Criminal Miscellaneous Application, filed under 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 is disposed of accordingly.

(Ashish Naithani, J.)

24.03.2026 Nitesh/