St at e v. Sam eer and Ot hers

Mr. Akshay Lat wal, learned A.G.A. for t he St at e of Ut t arakhand.

3. Ms. Sadaf, learned counsel for t he Respondent Nos. 2 and 3.

4. The present Applicat ion under Sect ion 528 of t he Bharat iya Nagarik Suraksha Sanhit a, 2023 has been filed on behalf of t he Applicant s- Sam eer Ansari, Nadeem , Shan Moham m ad, Farm an alias Sonu, Salm an, Sham eem , and Meharban seeking quashing of t he charge dat ed

24.03.2025, t he sum m oning/ cognizance order dat ed 18.04.2025, and t he ent ire proceedings of Crim inal Case No. 1922 of 2025, “ St at e vs. Sam eer and Ot hers” , for offences punishable under Sect ions 109, 191( 2) , 190, 115( 2) , and 352 of t he Bharat iya Nyaya Sanhit a, 2023, regist ered at Police St at ion Bahadrabad, Dist rict Haridwar, pending before t he Court of t he learned Chief Judicial Magist rat e, Dist rict Haridwar.

5. Learned counsel for t he Applicant s subm it s t hat Applicant No. 1, Sam eer Ansari, was arrest ed by t he police and is present ly in j udicial cust ody. He furt her subm it s t hat on behalf of Applicant No. 1, his m at ernal uncle, Usm an Ali, is conduct ing pairvi ( represent at ion) . To t his effect , Applicant No. 1 has signed an aut horit y let t er in favour of Usm an Ali.

6. Along w it h t he present applicat ion under Sect ion 528, a j oint Com pounding Applicat ion ( I .A. No. 1 of 2025) has been filed and signed by t he part ies, duly support ed by separat e affidavit s.

7. The Coordinat e Bench of t his Court , vide order dat ed 09.05.2025, direct ed t he Secret ary, Dist rict Legal Services Aut horit y, Dist rict Haridwar, t o file a report in t his regard. The Secret ary, Dist rict Legal Services Aut horit y, Dist rict Haridwar has subm it t ed a report st at ing t hat t he part ies have am icably set t led t he disput e and do not wish t o pursue t he m at t er against each ot her.

8. Shri Usm an Ali, t he m at ernal uncle of Applicant No. 1 ( Sam eer Ansari) , Applicant Nos. 2 t o 7, and Respondent Nos. 2 and 3 are present before t he Court t hrough video conferencing and are duly ident ified by t heir respect ive counsels.

9. The Court also int eract ed wit h Respondent Nos. 2 and 3 regarding t he com prom ise. They fairly conceded t hat t hey have no obj ect ion t he com pounding applicat ion is allowed.

10. Heard learned counsel t he part ies and perused t he m at erial available on record.

11. I n light of t he legal principles laid down by t he Hon’ble Apex Court in “ Gi a n Si n g h v s. St a t e o f Pu n j a b , ( 2 0 1 2 ) 1 0 SCC 3 0 3 ” , a n d “ D i m p e y Gu j r a l v s. Un i o n Te r r i t o r y o f Ch a n d i g a r h ” , Tr a n sf e r Pe t i t i o n ( Cr i m i n a l ) N o . 1 1 5 o f 2 0 1 2 , d e ci d e d o n 0 6 .1 2 .2 0 1 2 , t his Court holds t hat crim inal proceedings m ay be quashed if t he m at t er has been am icably set t led bet ween t he part ies and t hey are inclined t o rest ore peace and harm ony.

12. Per cont ra, learned St at e Counsel raised a prelim inary obj ect ion, st at ing t hat som e of t he offences sought t o be com pounded are non- com poundable.

13. Considering t he overall fact s and circum st ances of t he case, t his Court is of t he v iew t hat t he ends of j ust ice would be m et by quashing t he ent ire proceedings of Crim inal Case No. 1922 of 2025, “ St at e vs. Sam eer and Ot hers” , for offences punishable under Sect ions 109, 191( 2) , 190, 115( 2) , and 352 of t he B.N.S., 2023, regist ered at Police St at ion Bahadrabad, Dist rict Haridwar, pending before t he Court of t he learned Chief Judicial Magist rat e, Dist rict Haridwar.

14. Accordingly, t he Com pounding Applicat ion allowed. The ent ire proceedings of Crim inal Case No. 1922 of 2025, “ St at e vs. Sam eer and Ot hers” , for offences punishable under Sect ions 109, 191( 2) , 190, 115( 2) , and 352 of t he B.N.S., 2023, regist ered at Police St at ion Bahadrabad, Dist rict Haridwar, and pending before t he Court of t he learned Chief Judicial Magist rat e, Dist rict Haridwar, are hereby quashed.

15. Since t he ent ire proceedings of Crim inal Case No. 1922 of 2025, “ St at e vs. Sam eer and Ot hers” have been quashed, Applicant No. 1, Sam eer Ansari, who is present ly in j udicial cust ody, shall be released fort hwit h, if not required in any ot her case.

16. The Crim inal Miscellaneous Applicat ion filed under Sect ion 528 of t he Bharat iya Nagarik Suraksha Sanhit a, 2023, is accordingly disposed of. ( A sh i sh N a i t h a n i , J.) 2 3 .0 6 .2 0 2 5 Shiksha SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fb d40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B528 3D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA