Uttarakhand High Court
C528/1653/2026 of RIZWAN AND ORS Vs STATE OF UTTARAKHAND on 30 July 2026
SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528/1653/2026 With IA 1/2026 (For Compounding Application) Rizwan And Ors --Applicant Versus State Of Uttarakhand --Respondent
SL.
No.
Date
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures
COURT’S OR JUDGE’S ORDERS
C528/1653/2026
With
IA 1/2026 (For Compounding Application)
Rizwan And Ors
--Applicant
Versus
State Of Uttarakhand
--Respondent
Hon’ble Rakesh Thapliyal, J.
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1. Mr. Anchit Khokher, learned counsel for the applicant.
2. Mrs. Meenakshi Sharma and Mr. Himanshu Sain, learned A.G.A. for the State.
3. Mrs. Radha Arya, learned counsel for the respondent.
4. The instant petition is preferred under section 528 of BNSS, 2023, by the applicants ‘Rizwan’ S/o Salim, ‘Nizam’ S/o Salim, ‘Numan’ S/o Inaam, ‘Jane Alam’ S/o Chanda for quashing of the proceeding of Criminal Case No. 274 of 2024 ‘State vs. Rizwan and Others’ pending in the court of learned Judicial Magistrate, Kashipur, District Udham Singh Nagar, wherein, all the four applicants have been summoned to face the trial for the offences punishable under sections 365, 342, 323 and 506 of IPC arising out of Case Crime No. 88 of 2023 P.S. I.T.I., District Udham Singh Nagar.
5. The instant petition is filed along with the compounding application with the affidavits of the applicant and the respondent no. 2 (complainant/victim) and they all are present and are identified by their counsel.
6. It is contended in the compounding application that for small issues some hot alteration was occurred on the alleged date of incident and thereafter they all settled their issues and they are friends and their relations are very cordial, therefore, in the interest of justice, the proceedings be quashed.
7. On the other side, learned State counsel submits that except the offence punishable under section 365 of IPC the remaining offences are compoundable, however, the offence punishable under section 365 of IPC can also be compounded with the leave of the court. She further pointed out that admittedly that the crime as alleged is not against the society and are personal in nature and since now the parties have settled their dispute, therefore, continuation of the Trial Court proceeding is completely a futile exercise.
8. After hearing the submission of learned counsel for the parties and after gone through with the grounds as taken in the compounding application and the nature of allegation, this court is of the view that the compounding application deserves to be allowed.
9. Accordingly, the instant petition as well as the compounding application are allowed and the entire proceeding of Criminal Case No. 274 of 2024 ‘State vs. Rizwan and Others’ pending in the court of learned Judicial Magistrate, Kashipur, District Udham Singh Nagar, arising out of Case Crime No. 88 of 2023 P.S. I.T.I., District Udham Singh Nagar, is hereby quashed.
(Rakesh Thapliyal, J.) 30.07.2026 PR