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  1. Home/
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  3. High Court Of Uttarakhand/
  4. 2024/
  5. November

Dhaneshwar Alias Pravesh Pal vs. State of Uttarakhand

Decided on 29 November 2024• Citation: C528/789/2024• High Court of Uttarakhand
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                                                               2024:UHC:8891        
                    HIGH   COURT    OF  UTTARAKHAND        AT  NAINITAL             
                          Criminal Misc Application  No. 789 of 2024                
                    Dhaneshwar  Alias Pravesh Pal          ..…….Petitioner          
                                            Versus                                  
                    State Of Uttarakhand and another      ……Respondents             
                    Presence:-                                                      
                    Mr. B.D. Pande, counsel for the petitioner.                     
                    Mr. G.S. Sandhu, A.G.A. along with Ms. Mamta Joshi, Brief Holder
                    for the State.                                                  
                    Mr. Gaurav Kandpal, counsel for respondent nos. 2.              
                                                         Dated: 29.11.2024          
                    Hon'ble  Vivek  Bharti  Sharma,    J.                           
                              This petition is filed by the petitioner/accused      
                    for   quashing    of   the    impugned    chargesheet,          
                    cognizance/summoning    order dated 05.07.2022  passed          
                    in Special  Sessions  Trial No.67  of 2022  “State  vs.         
                    Dhaneshwar   alias Parvesh  Pal” under   Sections 363,          
                    366A,  376  I.P.C. and  Section  3/4  of Protection  of         
                    Children from Sexual Offences Act, 2012 pending  in the         
                    court of learned Special Judge  (POCSO), Dehradun   as          
                    well as the entire proceedings of the above case qua the        
                    petitioners, in view of the compromise arrived at between       
                    the parties.                                                    
                    2.        In view  of  the fact  that a  Compounding            
                    Application was  filed by the parties, this Court, vide         
                    order dated  13.11.2024,  had  directed the parties to          
                    appear  before  the  Secretary, District Legal  Service         
                                               1                                    

                                                               2024:UHC:8891        
                    Authority, Dehradun   in order to get their statements          
                    recorded and to verify the compromise deed.                     
                    3.        Pursuant  to such  order, Secretary, District         
                    Legal Service Authority, Dehradun   has submitted  the          
                    report which  clearly indicates that the  parties have          
                    settled the dispute amicably and have  also verified the        
                    contents of the compromise deed.                                
                    4.        In view of the above, Compounding Application         
                    (IA No.1/2024)  is hereby  allowed. As  a consequence           
                    thereof,       the       impugned         chargesheet,          
                    cognizance/summoning    order dated 05.07.2022  passed          
                    in Special  Sessions  Trial No.67  of 2022  “State  vs.         
                    Dhaneshwar   alias Parvesh  Pal” under   Sections 363,          
                    366A,  376  I.P.C. and  Section  3/4  of Protection  of         
                    Children from Sexual Offences Act, 2012 pending  in the         
                    court of learned Special Judge  (POCSO), Dehradun   as          
                    well as the  entire proceedings of the above  case are          
                    hereby quashed  qua the petitioner.                             
                    5.        Present petition is disposed  of in terms  of         
                    compromise  arrived at between the parties.                     
                                                 (Vivek Bharti Sharma,  J.)         
                                                        29.11.2024                  
                          MA  Digitally signed by MAMTA                             
                              RANI                                                  
                              DN: c=IN, o=HIGH COURT OF                             
                              UTTARAKHAND, ou=HIGH                                  
                              COURT OF UTTARAKHAND,                                 
                    Mamta     2.5.4.20=9f3ef5e40c7881302                            
                          MTA fcda45af446d3419e6d6e990f                             
                              bd25a59bdb957bba484d0d,                               
                              postalCode=263001,                                    
                              st=UTTARAKHAND,                                       
                              serialNumber=5DE1751A4F1                              
                              D9CABFD54852C9E68911CA                                
                          RANI8B66DD26690A191648AB5D                                
                              8DD004EF0, cn=MAMTA                                   
                              RANI                                                  
                              Date: 2024.12.03 12:40:40                             
                              +05'30'                                               
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