Disposed¶5

Smt. Babita and Others v. State of Uttarakhand

Uttarakhand HC2 Apr 2025C528/155/2024

Case brief

AI extract

What is this about?

Quashing of criminal proceedings on compromise between parties; compounding application allowed after verification by Secretary, District Legal Services Authority, Dehradun; offences under Sections 147, 324, 452 & 506 IPC; Criminal Case No. 99 of 2021; Civil Judge (JD)/JMFC Doiwala, Dehradun; Babita v. State of Uttarakhand; Criminal Misc Application No. 155 of 2024; decided 02.04.2025; 2025:UHC:2427.

What did the court decide?

Compounding application IA No.1/2024 allowed; chargesheet, cognizance/summoning order dated 17.02.2021 in Criminal Case No. 99 of 2021 and the entire proceedings thereof quashed qua the petitioners; petition disposed of in terms of the compromise between the parties. ¶5

Smt. Babita and Others Vs State of Uttarakhand — Uttarakhand HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the chargesheet, cognizance/summoning order dated 17.02.2021 in Criminal Case No. 99 of 2021 and the entire proceedings qua the petitioners are liable to be quashed in view of the compromise arrived at between the parties.

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Court's answer

The Compounding Application (IA No.1/2024) filed by the parties is allowed.

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Ratio / Principle

As a consequence of allowing the compounding application, the impugned chargesheet, the cognizance/summoning order dated 17.02.2021 passed in Criminal Case No. 99 of 2021 under Sections 147, 324, 452 & 506 I.P.C. pending before the Civil Judge (Junior Division)/Judicial Magistrate, Doiwala, District Dehradun, and the entire proceedings of that case are quashed qua the petitioners.

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Key takeaways

The present petition is disposed of in terms of the compromise arrived at between the parties.ratio¶5

Detailed headnote1 paragraphs

Criminal Miscellaneous Application (Uttarakhand High Court, Nainital; Vivek Bharti Sharma, J.) — Petitioners/accused sought quashing of the chargesheet, cognizance/summoning order dated 17.02.2021 in Criminal Case No. 99 of 2021 under Sections 147, 324, 452 & 506 I.P.C. pending before the Civil Judge (Junior Division)/Judicial Magistrate, Doiwala, District Dehradun, and the entire proceedings qua them, on the basis of a compromise. A Compounding Application (IA No.1/2024) having been filed, the Court by order dated 08.08.2024 referred the parties to the Secretary, District Legal Services Authority, Dehradun, whose report confirmed an amicable settlement and verification of the compromise deed. Holding: the compounding application is allowed and, as a consequence, the chargesheet, cognizance/summoning order and entire proceedings are quashed qua the petitioners; the petition is disposed of in terms of the compromise. Decision dated 02.04.2025; neutral citation 2025:UHC:2427.

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2025:UHC:2427

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HIGH COURT OF UTTARAKHAND AT NAINITAL

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Criminal Misc Application No. 155 of 2024

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Smt. Babita And Others ………Petitioners/accused Versus

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State Of Uttarakhand & others ….…..Respondents

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Presence:Mr. Hitesh Chandra Sanwal, proxy counsel for Mr. Sagar Kothari, learned counsel for the petitioners/accused. Mr. Deepak Bisht, learned Deputy A.G. for the State. Mr. Nishant Adhikari, learned counsel for respondent nos. 2 to 4.

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Dated : 02.04.2025

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Hon'ble Vivek Bharti Sharma, J.

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This petition is filed by the petitioners/accused for quashing of the impugned chargesheet, cognizance /summoning order dated 17.02.2021 passed in Criminal Case No. 99 of 2021 under Sections 147, 324, 452 & 506 I.P.C. pending in the court of learned Civil Judge (Junior Division)/Judicial Magistrate, Doiwala, District Dehradun as well as the entire proceedings of the above case qua the petitioners, in view of the compromise arrived at between the parties.

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In view of the fact that a Compounding Application was filed by the parties, this Court, vide order dated 08.08.2024, had directed the parties to appear before the Secretary, District Legal Services Authority, Dehradun in order to get

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2025:UHC:2427

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their statements recorded and to verify the compromise deed.

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Pursuant to such order, Secretary, District Legal Services Authority, Dehradun has submitted the report which clearly indicates that the parties have settled the dispute amicably and have also verified the contents of the compromise deed.

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In view of the above, Compounding Application (IA No.1/2024) is hereby allowed. As a consequence thereof, the impugned chargesheet, cognizance /summoning order dated 17.02.2021 passed in Criminal Case No. 99 of 2021 under Sections 147, 324, 452 & 506 I.P.C. pending in the court of learned Civil Judge (Junior Division)/Judicial Magistrate, Doiwala, District Dehradun as well as the entire proceedings of the above case are hereby quashed qua the petitioners.

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Present petition is disposed of in terms of compromise arrived at between the parties.

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(Vivek Bharti Sharma, J.) 02.04.2025

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Mamta

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Smt. Babita and Others v. State of Uttarakhand

Case brief

What is this about?

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Smt. Babita and Others v. State of Uttarakhand

Case brief

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