Sumit and Ors v. State of Uttarakhand

SL. . Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGE'S ORDERS

C-582 No. 498 of 2026 Sumit and Others

….. Applicants

Versus Sate of Uttarakhand and Others ….Respondents Hon'ble Ashish Naithani, J.

Mr. Divya Prakash Mittal, learned counsel for the Applicants.

¶2Mr. S.C. Dumka, learned A.G.A. for the State of Uttarakhand.

¶3Mr. Shubhr Rastogi, learned counsel for Respondent Nos. 2 and 3.

¶4The present Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the Applicants seeking quashing of the charge-sheet dated 20.10.2022, the summoning order dated 10.03.2023, and the entire proceedings of Criminal Case No. 13 of 2023 (C.G. No. 30 of 2023), "State of Uttarakhand vs. Sumit and Others", pending before the Court of learned Judicial Magistrate, Rishikesh, District Dehradun, for the offences punishable under Sections 147, 323, 354, 504 and 506 IPC.

¶5Along with the present application, a joint Compounding Application (I.A. No. 01 of 2026, Paper No. 27) has been filed, which bears the signatures of the parties and is duly endorsed by learned counsel for the Applicants, Mr. Divya Prakash Mittal, and for Respondent Nos. 2 and 3, Mr. Shubhr Rastogi. The application is also supported by affidavits of the parties.

¶6As per the Applicants, the dispute arose out of rivalry between two unions managing ambulance services for patients and persons requiring medical

care, which resulted in a scuffle between the parties. It is submitted that out of the five Applicants, only Applicant No. 1–Sumit S/o Rampal Dhiman presently retains the ambulance involved in the incident, whereas the remaining Applicants as well as Respondent Nos. 2 and 3 have already disposed of the ambulances earlier managed by them.

¶7Today, the Applicants are present in person and have been duly identified by Mr. D.P. Mittal, learned counsel. Respondent Nos. 2 and 3 are also present in person and have been duly identified by Mr. Shubhr Rastogi, learned counsel.

¶8This Court has interacted with the Applicants as well as Respondent Nos. 2 and 3. During the course of interaction, all the parties have stated that they have amicably resolved their dispute and do not wish to pursue the matter any further. They have further stated that they have no objection if the Compounding Application is allowed.

¶9Per contra, learned State Counsel has opposed the Compounding Application on the ground that some of the offences involved are non-compoundable in nature.

¶10Having considered the submissions of learned counsel for the parties and upon perusal of the record, this Court is of the considered view that the dispute between the parties is essentially private in nature and has been amicably settled. In such circumstances, continuation of the criminal proceedings would serve no useful purpose and would amount to an abuse of the process of law.

¶11Accordingly, in the interest of justice, the Compounding Application deserves to be allowed and the entire proceedings of Criminal Case No. 13 of 2023

(C.G. No. 30 of 2023), titled "State of Uttarakhand vs. Sumit and Others", pending before the Court of learned Judicial Magistrate, Rishikesh, District Dehradun, are liable to be quashed, qua the present Applicants only.

¶12The Compounding Application (I.A. No. 01 of 2026) is, accordingly, allowed. The entire proceedings of the aforesaid criminal case are hereby quashed only in respect of the present Applicants.

¶13Consequently, the present Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, stands disposed of.

(Ashish Naithani, J.)

24.03.2026 Shiksha