Ravi Kumar vs State Of Uttarakhand And Another

Pankaj Purohit, J

Present C482 application has been filed by the applicant along with the compounding application for quashing the impugned charge sheet dated 16.06.2022 (F.I.R. dated 07.04.2022), under Sections 304-A and 279 of IPC, registered with Police Station-Raiwala, District-Dehradun as well as cognizance order dated 23.08.2022, passed by learned Judicial Magistrate, Rishikesh, Dehradun in Criminal Case No.859 of 2022, State Vs. Ravi Kumar, on the basis of compromise.

Applicant is the driver of the Vehicle No.UK07-BZ-6710 which caused death of husband of the respondent no.2 by rash and negligent driving of the applicant.

Having perused the compounding application, it transpires that the parties have settled the matter amicably on all stands. On the previous occasion, it came to knowledge of this Court that in order to get the matter settled the applicant has given a sum of ₹12,00,000/- to respondent no.2 for entering into settlement. This Court orally stated on the last date that if the parties really want to enter into settlement respondent no.2 should not take any amount from the applicant as in the unfortunate accident life of husband of respondent no.2 was lost, if money is taken it would be a business rather being a settlement.

Today learned counsel for the applicant is present before this Court who handed-over to this Court a copy of the cheque along with an application which is supported by a supplementary affidavit dated 26.03.2025, which is taken on record, wherein it has been stated that – respondent no.2 has given back the money, which she has received from the applicant to him to show her bona fide, therefore, a Cheque (No.36018 249002010004946031 State Bank of India) amounting to ₹12,00,000/- dated 19.03.2025 was issued in the name of the applicant.

This is how the bona fide of the parties are reflected before this Court to really compound the offences between them.

Today learned counsel for the applicant (Ravi Kumar) is present before this Court, duly identified by his Advocate – Mr. Harsh Vardhan Dhanik, and respondent no.2 – Smt. Lakshmi Rana, present through video conferencing, who is also identified by his Advocate – Mr. Jasmeet Sahota.

I have interacted with the parties and they stated that they have entered into compromise and settled their dispute amicably.

I have gone through the compounding application and the pleadings made by the applicant in the C482 application.

Per contra, learned counsel for the State has formally objected to the compounding in view of offences involved in the present case.

This Court is convinced that once the parties have decided to settle their dispute amicably, it would not be appropriate to direct applicant to join the trial which would ultimately result into nothing but acquittal and would amount to be a futile exercise.

Accordingly, Compounding Application (IA No.1 of 2024) is allowed. The offences between the parties are permitted to be compounded. As a result, the impugned charge sheet dated 16.06.2022 (F.I.R. dated 07.04.2022), under Sections 304-A and 279 of IPC, registered with Police Station-Raiwala, District-Dehradun as well as cognizance order dated 23.08.2022, passed by learned Judicial Magistrate, Rishikesh, Dehradun in Criminal Case No.859 of 2022, State Vs. Ravi Kumar and the entire proceedings of the aforesaid case are hereby quashed.

C482 application stands allowed in the aforesaid terms.