Uttarakhand High Court
C528/1521/2026 of MAHIPAL Vs BALESHWAR on 16 July 2026
Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures UKHC010122882026 COURT’S OR JUDGE’S ORDERS 2026:UHC:5899 C528/1521/2026 Mahipal --Applicant Versus Baleshwar --Respondent Hon'ble Rakesh Thapliyal, J. Mr. R.P. Singh, learned
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SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures UKHC010122882026
COURT’S OR JUDGE’S ORDERS 2026:UHC:5899
C528/1521/2026 Mahipal
--Applicant Versus Baleshwar
--Respondent
Hon'ble Rakesh Thapliyal, J.
Mr. R.P. Singh, learned counsel for the applicant.
2. Mr. Mohd. Alauddin, learned counsel for the respondents.
3. The instant petition is moved under Section 528 of BNSS, 2023 by the present applicant Mahipal, S/o Shri Dila alongwith the compounding application with the affidavit of applicant and respondents for quashing the proceeding of Complaint Case No.34 of 2025 (Old Complaint Case No.45 of 2013) Baleswar vs. Mahipal & Another pending in the court of learned District & Session Judge, Haridwar, District Haridwar wherein the applicant is summoned to face the trial for the offences punishable under Sections 452, 323, 504 and 506 of IPC & Section 3(1)(x) S.C./S.T. Act.
4. Applicant and respondent no.1 is present in the Court. Respondent no.2, wife of respondent no.1 join the proceeding through V.C. All of them are identified by their counsel.
5. Now in the compounding application, it is contended that both the applicant and respondents belong to the same village and they known to each other and now they have resolved their dispute and come up with the amicable settlement, therefore, the proceeding be quashed.
6. Informant, who is present in Court, submits that he does not want to pursue the proceeding since he has settled his all disputes with the applicant. The proceeding is arising out of a Complaint filed by respondent no.1 whereby the present applicant has been summoned to face the trial for the offences punishable under Sections 452, 323, 504 and 506 of IPC & Section 3 (1)(x)S.C./S.T. Act, pending in the court of learned District & Session Judge, Haridwar.
7. Learned counsel for the parties submits that since now both the parties have settled their dispute and the proceeding is arising out of the Complaint and the complainant does not want to pursue with the proceeding, therefore, the proceeding be dropped.
8. After hearing the submission of learned counsel for the parties and taking into consideration that the proceeding is arising out of the Complaint filed by respondent no.1 and now he has settled the dispute with the applicant and both of them belong to the same village, therefore, continuation of the proceeding is completely a futile exercise.
9. In such view of the matter, this Court is of the view that the continuation of the proceeding is completely a futile exercise, particularly when the complainant does not want to pursue the pending proceeding and as such, this Court is of the view that the compounding application deserves to be allowed.
10. Accordingly, the instant C528 application as well as the compounding application are allowed and the impugned proceeding of Complaint Case No.34 of 2025 (Old Complaint Case No.45 of 2013) pending in the court of learned District & Session Judge, Haridwar, District Haridwar is hereby quashed.
(Rakesh Thapliyal, J.) 16.07.2026 Arti