Smt. Sangeeta Kaur v. State of Uttarakhand

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

C482/315/2018

Smt. Sangeeta Kaur --Applicant Versus

State Of Uttarakhand and others --Respondents

Hon'ble Siddhartha Sah, J.

Mr. Maneesh Bisht, learned counsel for the applicant.

¶2Mr. Vipul Painuly, learned AGA for the State/respondent no.1 and 3.

¶3Mr. Jaswant Singh, learned counsel holding brief of Mr. Vipul Sharma, learned counsel for the respondent no.2.

¶4By means of the present C482 application, the applicant has sought quashing of the charge sheet dated 26.08.2017 as well as the entire proceedings of Criminal Case No.3738 of 2017, 'State vs. Dulli Singh & Another", under Sections 386, 388, 389 and 120-B of IPC at police station Kashipur, District Udham Singh Nagar pending in the court of learned Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar.

¶5During the pendency of the present C482 application before this Court, the Compounding Application (No.05 of 2026) has been filed on behalf of the parties.

¶6Heard learned counsel for the parties on Compounding Application (IA No.05 of 2026).

¶7Applicant – Sangeeta Kaur is present through video conferencing. She is duly identified by Mr. Maneesh Bisht, Advocate.

¶8The respondent no.2 – Chaudhary Pratap Singh is also present through video conferencing. He is duly identified by Mr. Jaswant Singh, learned counsel holding brief of Mr. Vipul Sharma, Advocate.

¶9In the affidavit of the respondent no.2/complainant, it has been stated that the dispute between the parties have been settled amicably outside the Court and he does not wish to continue the criminal litigation in the interest of justice. It has been further stated in support of the compounding application on behalf of the respondent no.2/complainant that since the dispute narrated in the FIR no longer survives because of the settlement reached between the parties; he has no objection to the said compounding and closure of the present criminal case.

¶10On a query made by the Court to the respondent no.2/complainant, who is appearing through V.C., he reiterates the same and states that the matter has been settled between the parties and he does not want to pursue the matter any further.

¶11Affidavit has also been filed in support of the compounding application on behalf of the applicant and she makes similar submission as the respondent

no.2.

¶12Mr. Vipul Painuly, learned AGA for the State raises serious objection for allowing the compounding application as the offences are non-compoundable.

¶13Learned counsel for the applicant states that regarding the three other co-accused of the same Criminal Case No. 3738 of 2017 State vs. Dulli Singh & Another, a Coordinate Bench has passed orders allowing the compounding applications in cases C528 No.738 of 2026, C528 No.739 of 2026 and C528 No.768 of 2018. The orders dated

30.04.2026 and 01.06.2026 are taken on record.

¶14Hence, in view of the law laid down by Hon'ble the Apex Court in the case of Gian Singh vs. State of Punjab, 2012 (10) SCC 303, Dimpey Gujral vs. Union Territory, Chandigarh, (2013) 11 SCC 497, B.S. Joshi vs. State of Haryana, (2003) 4 SCC 675 and Nikhil Merchant vs. CBI, (2008) 9 SCC 677, the compounding application deserves to be allowed.

¶15The present Compounding Application (IA No.05 of 2026) is hereby allowed.

¶16The offences are permitted to be compounded. Thus, the charge sheet dated

26.08.2017 as well as the entire proceedings of Criminal Case No.3738 of 2017, 'State vs. Dulli Singh & Another" pertaining to FIR No. 210 of 2017 under Sections 386, 388, 389 and 120-B of IPC at police station Kashipur, District Udham

Singh Nagar pending in the court of learned Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar are hereby quashed qua the applicant.

¶17The C482 application is, accordingly, disposed of.

¶18Pending applications, if any, stand disposed of accordingly.

(Siddhartha Sah, J.)

02.07.2026

Nahid