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2025 Supreme(Online)(UK) 1017394

HIGH COURT OF UTTARAKHAND
AMIT VIRMANI – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
C482 506 / 2020



Office Notes, COURT’S OR JUDGES’S ORDERS reports, orders or proceedings SL.

Date or directions No and Registrar’s order with 2025:UHC:4292 Signatures IA No.6342 of 2025 (Compounding Application)

In C482 No.506 of 2020 Hon’ble Ashish Naithani, J.

Mr. Pankaj Miglani, learned counsel for the applicant.

2. Mr. B.C. Joshi, Mr. G.C. Joshi, learned AGA, for the State of Uttarakhand.

3. Mr. Mohit Bhauryal, learned counsel holding brief of Mr.

Aditya Singh, learned counsel for respondent no.2.

4. The present Application has been filed under Section 482 of the Code of Criminal Procedure, 1973 to quash the charge- sheet, impugned summoning order dated 23.01.2020 and the entire proceedings of Criminal Case No.387 of 2020, “State Vs. S.K. Kapoor”, under Sections 420, 467, 468, 471, 406 and 120B of IPC, pending in the court of learned 2nd Chief Judicial Magistrate Haridwar, District Haridwar.

5. Along with C482 application, a compounding application has been signed by the parties and has been filed, which is duly supported by separate affidavits of applicant and private respondent. Applicant is present before this Court through VC and the respondent no.2 is present in court, who are identified by their respective counsels.

6. Learned counsel for the parties have filed their respective affidavits along with the compounding application stating therein that they do not want to pursue the present criminal case any further and a settlement has reached between them.

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

8. In 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.

9. Keeping in view of the totality of the facts and circumstances of the case, this Court is of the view that ends of justice would be met, if the entire proceedings of Criminal Case No.387 of 2020, “State Vs. S.K. Kapoor”, under Sections 420, 467, 468, 471, 406 and 120B of IPC, pending in the court of learned 2nd Chief Judicial Magistrate Haridwar, District Haridwar, are hereby quashed.

10. In view of the above, the compounding application is allowed. The entire proceedings of Criminal Case No.387 of 2020, “State Vs. S.K. Kapoor”, under Sections 420, 467, 468, 471, 406 and 120B of IPC, pending in the court of learned 2nd Chief Judicial Magistrate Haridwar, District Haridwar, are hereby quashed

11. The Criminal Miscellaneous Application, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.

(Ashish Naithani, J)

22.05.2025

Nitesh/

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