Kalidas 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

2026:UHC:1983

(Compounding Appl. No.01 of 2025) In C528 No.2141 of 2025 Hon'ble Ashish Naithani, J.

Mr. Harshpal Sekhon, learned counsel for the Applicant.

¶2Mr. Chittrarth Kandpal, learned Brief Holder for the State.

¶3Mr. Basant Singh, learned counsel for Respondent nos.2 & 3.

¶4Present application has been filed by the applicant under Section 528 of B.N.S.S. alongwith compounding application and the same is supported with the affidavits of applicant and respondent nos.2 & 3.

¶5By means of this 528 application, applicant has sought quashing of the summoning/cognizance order dated 07.07.2023, charge sheet dated

24.06.2023 as well as the entire proceedings of Special Sessions Trial No.578 of 2023 under Section 363, 366, 376(2) of IPC and Section 5/6 of Protection of Children from Sexual Offences Act State vs. Kalidas pending in the court of F.T.C./Additional Sessions Judge/Special Judge (POCSO), Rudrapur, Udham Singh Nagar arising out of FIR No.88 of 2023 registered at P.S. Dineshpur, District Udham Singh Nagar.

¶6Applicant as well as respondent nos.2 & 3 are present in the Court. They are duly identified by their respective counsels.

¶7Learned counsel for the parties have filed their respective affidavits along with the compounding application stating therein that they do not wish to pursue the present criminal case any further and a compromise has been entered between them.

¶8Learned State counsel has opposed the compounding application and submits that some of the offences are not compoundable.

¶9As per the certified copy of the statement of the victim wherein though as per the prosecution story and the FIR the victim is supposed to be a minor aged about 17 years whereas she has stated her date of birth 20 years on the date of statement i.e. 11.10.2023 and the date of incident is

01.05.2023. In her statement she has categorically denied with the prosecution story and has not supported any of the allegations, so made against the applicant/accused.

¶10The complainant is the brother of the victim, who makes a submission before this Court that due to some misunderstanding he had lodged the missing report of her sister with the assumption that her sister (victim) had been abducted and have fallen to a track of sexual harassment but she returned home without any harm.

¶11Victim also present before this Court and supports her statement, so made before the court below and categorically stated that nothing happened between her and the appellant/accused and he did not exploit her in any manner.

¶12Heard learned counsel for the parties and perused the material available on record.

¶13Having heard learned counsel for the parties and in view of the above, the compounding application is allowed. The entire proceedings of Special Sessions Trial No.578 of 2023 under Section 363, 366, 376(2) of IPC and Section 5/6 of Protection of Children from Sexual Offences Act State vs. Kalidas pending in the court of F.T.C./Additional Sessions Judge/Special Judge (POCSO), Rudrapur, Udham Singh Nagar are hereby quashed.

¶14Accordingly instant Criminal Misc. Application stands disposed of.

(Ashish Naithani, J.)

20.03.2026 Arti