Lalit Kumar 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

C528/1314/2026 With Compounding application no. 1 of 2026

Hon'ble Rakesh Thapliyal, J.

¶1Mr. Ramji Srivastava, learned counsel for the applicant.

¶2Mr. Tumul Nainwal, learned A.G.A. for the State.

¶3Mr. Vikram Singh Dhapola, learned counsel for the complainant.

¶4The instant applicant under Section 528 of BNSS 2023 has been moved by the applicant Lalit Kumar along with the compounding application (IA No. 1 of 2026) supported with the affidavit of the applicant and the respondent/ complainant for quashing of proceeding of Criminal Case No. 400 of 2024, State vs. Lalit Kumar wherein the applicant is facing trial for the offences punishable under Sections 279, 338, 427 and 304A IPC, P.S. Doiwala District Dehradun.

¶4The applicant is present in Court and is identified by his counsel. The victim also joined the proceeding through V.C. and identified by her counsel.

¶5It is contended in the compounding application that as per the FIR, on 17.09.2022, the son and daughter in law of respondent no. 2 namely Naveen and Rina were travelling from Srinagar to Dehradun by motorcycle numbered as UK14B 1547 and near Kuanwala at the same moment a swift car bearing No. HR10AJ 6432 which was being driven rashly and negligently hit the motorcycle from the backside consequently both the motorcycle riders namely Naveen as well as Rina sustained grievous injuries. Many people across the spot got admitted them in the hospital wherein Naveen was declared dead by the doctors and Rina was referred to the CMI hospital for further treatment. The legal heirs of deceased Naveen

had filed MACP case before the learned Motor Accident Claim Tribunal which was registered as MACP No. 50 of 2023, Reena and others vs. Naresh Kumar and others and the parties entered into compromise and thereafter the matter was placed before the National Lok Adalat and the same was disposed of with an award of Rs. 20,50,000/- along with 12% interest vide order dated 09.12.2023. It is further contended in the compounding application that the parties have entered into compromise and settled their dispute amicably and respondent no. 2 as well as the legal heirs of deceased does not want to contest the pending criminal case no. 496 of 2024.

¶6Mr. Nainwal, learned A.G.A. for the State submits that though the offences are non compoundable but he fairly submits that since the MACT already dealt with the issue and awarded compensation to the victim, therefore, there is no useful purpose to go with the trial court proceeding since now the victim and her in-law are satisfied with the award passed by the MACT.

¶7Having heard learned counsel for the parties and taking into consideration that the parties have settled their dispute amicably and the respondent does not want to contest the criminal case no. 496 of 2024 and further the victim and her in laws are satisfied with the award passed by the MACT this Court is of the view that the compounding application deserves to be allowed.

¶7Accordingly, compounding application as well as the instant C528 application are allowed. The entire proceeding of Criminal Case No. 496 of 2024, State vs. Lalit Kumar, pending in the court of Civil Judge (Jr. Div.)/Judicial Magistrate, Doiwala Dehradun is hereby quashed.

(Rakesh Thapliyal, J.)

12.06.2026 Parul