Bhanu Prakash Joshi vs State Of Uttarakhand And Another

Pankaj Purohit, J

Heard learned counsel for the parties.

By means of the present C482 application, the applicant has put to challenge the Charge Sheet dated 03.06.2023, cognizance/summoning order dated 06.01.2024 and entire proceedings of Criminal Case No.76 of 2024 State Vs. Bhanu Prakash Joshi, for the offences punishable under Sections 406, 420 and 120-B IPC, pending before the learned Chief Judicial Magistrate, Almora.

Along with the present C482 application, a joint compounding application (IA/3/2025) is filed duly supported by separate affidavits by applicant and respondent No.2.

In the compounding application, it has been stated by the parties that they have settled their dispute amicably, as the letter of the Examination Controller of the University dated 25.01.2024, wherein, the result of exit exam, held on 29.10.2023, was declared on 04.12.2023 and the name of respondent No.2 was figured at Serial No.24. Since, the course has already been completed, the result has been declared, therefore, no prima-facie offences are made out against the applicant and under the governing facts and circumstances of the case, at present, the respondent No.2 does not want to pursue with the case anymore.

Applicant-Bhanu Prakash Joshi and respondent No.2-Ms. Soni Joshi, are present before this Court, who are duly identified by their respective counsels. On interaction, respondent No.2 categorically stated that the matter is now amicably settled by them, therefore, she wants to end the matter with her free will and without any undue pressure.

Learned State Counsel has no objection if the matter is compounded, since all the offences are compoundable.

Since the parties have reached to the terms of the compromise, this Court is of the firm opinion that there would remain 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. 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/3/ 2025) is allowed.

In view of the above, the present C482 application is allowed in terms of the compromise. The entire proceedings of Criminal Case No.76 of 2024 State Vs. Bhanu Prakash Joshi, for the offences punishable under Sections 406, 420 and 120-B IPC, pending before the learned Chief Judicial Magistrate, Almora, is hereby quashed. Resultantly, the Charge Sheet dated 03.06.2023 and FIR No.0038 of 2022 dated 16.04.2022, registered with P.S. Kotwali Almora, District Almora, stand quashed.

Interim order dated 29.01.2024 stands vacated.