Puran Chandra Dauthal & Another vs State Of Uttarakhand & Another

Pankaj Purohit, J

Present C482 application has been filed by the applicants along with a joint compounding application (IA/2/2025) for quashing the charge-sheet dated 31.05.2022, summoning/cognizance order dated 01.07.2022 as well as the entire proceedings of Criminal Case No.2556 of 2022, State vs. Puran Chandra Dauthal & another, under Sections 420 & 120-B IPC pending in the court of learned Additional Chief Judicial Magistrate, Haldwani, District Nainital on the basis of compromise entered into between the parties.

The ground for seeking compounding of offences is that parties have reached to the terms of compromise wherefor a settlement has also arrived at between them at the terms of ₹11,00,000/- to be given by the applicant to respondent no.2. It is thus, prayed that the present proceedings between the parties may be quashed in terms of the compromise arrived at between the parties.

Learned State Counsel raised a preliminary objection to the effect that the offences sought to be compounded are non-compoundable.

Applicant no.1-Puran Chandra Dauthal, applicant no.2-Smt. Manju Dauthal and respondent no.2/informant-Deepak Kavidayal are present in the Court being duly identified by their respective counsel.

In the compounding application, it has been stated that applicants and respondent no.2 have amicably resolved their dispute and they do not want to pursue with the criminal proceedings.

This Court interacted with the parties specifically respondent no.2. Respondent no.2 stated before the Court that he has no grievance against the applicants; wants to live peacefully and he does not want to pursue the aforesaid criminal case. He further submits that he has received the entire amount of ₹11,00,000/- as agreed through two Bankers Cheques No.002186 and 002187 each worth Rs.5.50 lakh. The photocopies of these cheques are placed on record.

Since the parties have settled the dispute amicably and do not want to pursue the aforesaid criminal case, therefore, there is no useful purpose for keeping this criminal case pending and it will be a futile exercise to ask the applicant to appear before the trial court as accused to face the trial.

So far as compounding of non-compoundable offence is concerned, the Apex Court has dealt with the consequence of a compromise in this regard in the case of B.S. Joshi and others vs. State of Haryana and another, reported in (2003)4 SCC 675 and has held as below: -

“If for the purpose of securing the ends of justice, quashing of FIR becomes necessary, Section 320 Cr.P.C. would not be a bar to the exercise of power of quashing. It is, however, a different matter depending upon the facts and circumstances of each case whether to exercise or not such a power.”

Thus, the High Court, in exercise of its inherent power can quash criminal proceedings or FIR or complaint, and Section 320 of Cr.P.C. does not limit or affect the powers under Section 482 of the Code of Criminal Procedure, 1973.

Parties have reached to the terms of the compromise and this Court is of the firm opinion that there would be a remote or bleak possibility of conviction in this case. It can also safely be inferred that it would be unfair or contrary to the interest of justice to permit continuation of the criminal proceedings after settlement. Since the answer to the aforesaid points is in affirmative, this Court finds it a fit case to permit the parties to compound the matter.

Accordingly, compounding application (IA/2/2025) is hereby allowed. The compromise arrived at between the parties is accepted. With the result, the charge-sheet dated 31.05.2022, summoning/cognizance order dated 01.07.2022 as well as the entire proceedings of Criminal Case No.2556 of 2022, State vs. Puran Chandra Dauthal & another, under Sections 420 & 120-B IPC pending in the court of learned Additional Chief Judicial Magistrate, Haldwani, District Nainital is hereby quashed qua the applicants. Charge-sheet and all subsequent proceedings pursuant to FIR be also quashed qua the applicants only.

Since the entire proceedings of Criminal Case No.2556 of 2022, State vs. Puran Chandra Dauthal & another, under Sections 420 & 120-B IPC have been quashed, therefore bank account of the applicant no.1 and applicant no.2 which have been freezed to the extent of ₹3,50,000/- each by the learned Trial Court automatically will be defreezed being Account Nos. 4441745931 and 4441796237.

Present criminal misc. application thus stands allowed.

Pending application, if any, stands disposed of accordingly.