M/S SIDDHBALI MOBILES vs STATE OF UTTARAKHAND

Office
Notes,
reports,
orders or
proceedings
or
directions
and
Registrar’s
order with
Signatures

SL.
Date
No.
COURT’S OR JUDGE’S ORDERS


UKHC010159912026
CRLR/698/2026

M/s Siddhbali Mobiles
--Revisionist

Versus
State Of Uttarakhand
--Respondent

Hon'ble Alok Mahra, J.
Ms. Aastha Vishwakarma and Mr.
Harshit Jain, Advocates for the revisionist.
2. Ms. Pushpa Bhatt, Addl. A.G. alongwith
Mr. S.C. Dumka, A.G.A. and Mr. Nikhil Bisht,
Brief Holder for the State.
3. Mr. Tejas Agarwal, Advocate for the
complainant/respondent no. 2.
4. The present criminal revision has been
preferred against the judgment and order
dated 12.03.2026 passed by learned Judicial
Magistrate, Kotdwar, District Pauri Garhwal
in Criminal Case No. 1606 of 2022, whereby
the learned Magistrate concerned has
convicted the revisionist under Section 138 of
N.I. Act and sentenced him to undergo simple
imprisonment for a period of one year
alongwith a fine of Rs.7,29,105/- and in
default of payment of fine, to undergo further
three months’ simple imprisonment.
Challenge has also been made to the
judgment and order dated 22.08.2026 passed
st
by learned 1 Additional Sessions Judge,
Kotdwar, District Pauri Garhwal in Criminal
Appeal No. 27 of 2026, whereby, the learned

Appellate Court dismissed the appeal
preferred by the revisionist.
5. Now, a compounding application, jointly
signed by learned counsel for the respondent
no.2 and learned counsel for the revisionist,
has been filed duly supported by affidavits of
the parties. Revisionist is in judicial custody.
In the compounding application, affidavit has
been filed by his son.
6. Learned counsel for the revisionist
submits that the parties have now entered
into a settlement, therefore, the matter needs
to be compounded.
7. Learned counsel for the respondent no. 2
submits that dispute has now been amicably
settled between the parties, therefore, his
client wants to close the matter to ensure that
peace is restored.
8. Today, respondent no. 2 is present
before this Court, who is duly identified by his
counsel. The Court interacted with
respondent no. 2. She fairly submits that she
has received the entire check amount and she
does not want to proceed further with the
case.
9. Both the parties also made a statement
that, in view of the settlement, they want to
close the matter.
10. Having regard to the nature of offence
and also considering the broad guidelines
issued by Hon’ble Apex Court in the case of
Gian Singh Vs State of Punjab reported in
(2012) 10 SCC 303 and Narinder Singh &
others Vs State of Punjab & another reported
in (2014) 6 SCC 466, request of the revisionist
deserves to be acceded to.
11. Since the parties have entered into a
compromise, therefore, possibility of the trial

resulting into conviction of the accused is
remote and bleak and, that being so,
continuation of criminal proceedings would
visit the accused with great oppression,
prejudice and injustice. Rather, it would
tantamount to abuse of process of law. Ends
of justice would be met if criminal proceedings
are put to an end, because this would allow
the parties to translate their decision to live in
peace in the reality. Resolution of a dispute by
way of a compromise between two warring
groups, therefore, should attract the
immediate and prompt attention of a Court
which should endeavour to give full effect to
the same unless such compromise is
abhorrent to lawful composition of the society
or would promote savagery.
12. In view of settlement arrived at between
the parties, the present criminal revision is
allowed. Consequently, the judgment and
order dated 12.03.2026 passed by learned
Judicial Magistrate, Kotdwar, District Pauri
Garhwal in Criminal Case No. 1606 of 2022
as well as the judgment and order dated
st
22.08.2026 passed by learned 1 Additional
Sessions Judge, Kotdwar, District Pauri
Garhwal in Criminal Appeal No. 27 of 2026
and the entire proceedings arising out
therefrom, are hereby quashed qua the
revisionist.
13. Compounding application is,
accordingly, disposed of.
14. Revisionist is in judicial custody. He
shall be released from judicial custody
forthwith, if not wanted in any other case.



(Alok Mahra J.)
10.09.2026
Ujjwal