Office Notes, reports, orders SL. or proceedings Date COURT’S OR JUDGES’S ORDERS No or directions and Registrar’s order with Signatures 23.10.2024 C-0528 No. 682 of 2024 Hon’ble Vivek Bharti Sharma, J. Mr. Neeraj Singh Kaira, counsel for the petitioner. 2. Ms. Sarita Bisht, proxy counsel for Mr. Piyush Sammal, counsel for the respondent. 3. This petition is filed by the petitioner/accused to quash the summoning order dated 13.04.2016 passed by learned 1st Additional Civil Judge (J.D.)/Judicial Magistrate, Haldwani in Criminal Case No. 1528 of 2015 for the offences under Sections 420 & 406 I.P.C. as well as the entire proceeding of aforesaid criminal case. 4. Counsel for the petitioner would submit that now the parties have settled their dispute amicably and the respondent/complainant does not want to prosecute the petitioner further, therefore, a joint compounding application has been filed by the parties to compound the alleged offences and prayed that the entire proceedings of the criminal case be quashed as continuation of the criminal proceedings would be a futile exercise. 5. Perusal of the record reveals that the compounding application is filed by the parties to compound the offences under Sections 420 & 406 I.P.C., which are compoundable offences. The power under Section 528 of B.N.S.S. is an extraordinary power, which is to be exercised sparingly and not in routine and if the parties have settled their dispute amicably then they have efficacious remedy to approach the concerned trial court for redressal of their grievance and the trial court is more capable for verifying the authenticity of the contents of the compounding application by recording the statements of the parties to meet the ends of justice. 6. In view of the above, the C-528 petition is disposed of with the direction to the parties to approach the concerned trial court for compounding the offences alleged against them. The trial court shall proceed with the matter in accordance with law. (Vivek Bharti Sharma, J.) 23.10.2024 Mamta MAMTA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=9f3ef5e40c7881302fcda45af446d3419e6d6e 990fbd25a59bdb957bba484d0d, postalCode=263001, st=UTTARAKHAND, serialNumber=5DE1751A4F1D9CABFD54852C9E6891 1CA8B66DD26690A191648AB5D8DD004EF0, cn=MAMTA RANI Date: 2024.10.25 17:26:10 +05'30'
