AMIT TIWARI vs STATE OF UTTARAKHAND

UKHC010185522026

2026:UHC:9492
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures

SL.
Date
No.

COURT’S OR JUDGE’S ORDERS

C528/2280/2026


Amit Tiwari
--Applicant

Versus
State Of Uttarakhand
--Respondent

Hon’ble Alok Mahra, J.
Mr. Rajat Mittal, learned counsel
for the applicant.
2. Mr. Vipul Painuali, learned A.G.A.
for the State.
3. Ms. Poonam Rauthan, learned
counsel for respondent nos.2 to 4.
4. Present C-528 application has
been filed seeking quashing of the
charge-sheet, cognizance/summoning
order dated 03.05.2018 passed by
learned Additional Chief Judicial
Magistrate (IV), Dehradun as well as
the entire criminal proceedings of
Criminal Case No. 2211 of 2018 (Case
Crime/F.I.R. No.173 of 2017) under
Sections 420, 406, 467, 468, 471, 506
and 120-B I.P.C. pending in the court
of learned Additional Chief Judicial
Magistrate-I, Dehradun.
5. Learned counsel for the applicants
would submit that the F.I.R. was lodged
by the complainants, alleging therein

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that the applicants had induced them
to part with a sum of ₹ 98.97 lakh by
representing that the property in
question belonged to the applicant,
however, upon making subsequent
inquiries, the complainants discovered
that the said property did not belong to
the applicant. It is further alleged that,
when the complainants demanded the
return of the aforesaid amount, the
applicant refused to refund the same,
therefore, on the basis of the aforesaid
allegations, the F.I.R. came to be
registered against the applicants.
Learned counsel would further submit
that, upon completion of the
investigation, the Investigating Officer
submitted a charge-sheet against the
present applicants, whereupon the
learned trial court took cognizance of
the offence.
6. Learned counsel would further
submit that the parties have amicably
settled their dispute, as reflected in the
joint compounding application (I.A. No.
1 of 2026), supported by their
affidavits, which has been voluntarily
executed without any coercion or
undue influence. He would further
submit that the applicant has refunded
the entire amount of ₹ 98.97 lakh to the
complainants, who are willing to abide
by the compromise and do not wish to
pursue the criminal proceedings any
further.

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2026:UHC:9492
7. The applicants and the
respondents/complainants are present
before this Court through video
conferencing and have been duly
identified by their respective learned
counsel. Upon interaction with the
complainants/victim, they have
affirmed the factum of compromise and
stated that the dispute has been
amicably settled between the parties.
They have further stated that they have
received the entire amount of ₹ 98.97
lakh from the applicant and that
nothing remains due towards the
amount in question. In view of the
aforesaid settlement, the
respondents/complainants have
expressed their unwillingness to pursue
the criminal proceedings against the
applicants and have stated that they
have no objection if the proceedings
arising out of the present F.I.R. are
quashed in terms of the compromise.
8. Learned State counsel would
oppose the compounding application
and on the ground that some of the
offences alleged against the applicant
are non-compoundable offences,
However, he does not dispute the
factum of compromise entered into
between the parties.
9. Heard learned counsel for the
parties and perused the material
available on record.
10. From the material brought on

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2026:UHC:9492
record, as well as the statements made
before this Court, it transpires that the
dispute between the parties arose out
of a financial transaction and has now
been amicably resolved, as the
complainants/victims have themselves
stated before this Court that they have
received the amount paid by them to
the applicant. The compromise entered
into between the parties appears to be
genuine, voluntary and free from any
coercion or undue influence.
11. It is well settled that even in
respect of non-compoundable offences,
the High Court, in exercise of its
inherent jurisdiction under Section 482
Cr.P.C./Section 528 B.N.S.S., can
quash criminal proceedings where the
dispute is predominantly private in
nature and continuance of such
proceedings would amount to abuse of
the process of the Court. In Gian Singh
v. State of Punjab, the Hon’ble Supreme
Court held that criminal proceedings
involving offences of personal nature
may be quashed where the parties have
amicably settled their dispute and the
ends of justice so require. Similar
principles have been reiterated in
Narinder Singh v. State of Punjab and
Parbatbhai Aahir v. State of Gujarat,
wherein the Hon’ble Apex Court has
laid down the parameters governing
exercise of inherent powers for
quashing proceedings on the basis of

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2026:UHC:9492
compromise.
12. Considering the nature of
allegations levelled in the F.I.R., the
amicable settlement arrived at between
the parties and the categorical stand
taken by complainant/victims that they
do not wish to prosecute the matter
further, this Court is of the considered
opinion that continuance of the
criminal proceedings would serve no
fruitful purpose and the same would
amount to abuse of the process of law.
13. Accordingly, the compounding
application being I.A. No. 1 of 2026 is
allowed. Consequently, the charge-
sheet, cognizance/summoning order
dated 03.05.2018 passed by learned
Additional Chief Judicial Magistrate
(IV), Dehradun as well as the entire
criminal proceedings of Criminal Case
No. 2211 of 2018 (Case Crime/F.I.R.
No.173 of 2017) pending in the court of
learned Additional Chief Judicial
Magistrate-I, Dehradun are hereby
quashed.
14. The present C-528 application is,
accordingly, allowed.
15. Pending applications, if any, also
stand disposed of.





(Alok Mahra, J.)

15.10.2026
Mamta

Digitally signed by MAMTA
RANI
DN: c=IN, o=HIGH COURT
OF UTTARAKHAND,
ou=HIGH COURT OF
UTTARAKHAND,
2.5.4.20=6a812005bebfcf4
6f244f3e584af1449e430ef9
00bf09a6d67ebbd6426713
29b, postalCode=263001,
st=Uttarakhand,
serialNumber=5de1751a4f
1d9cabfd54852c9e68911c
a8b66dd26690a191648ab5
d8dd004ef0, cn=MAMTA
RANI
Date: 2026.10.17 11:02:05
+05'30'
MA
MTA
RANI