High Court · 2025

Mr. Prabhat Kandpal, learned Brief Holder for t he St at e of Ut t arakhand.

3. Mr. Faizan Ali, 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 - Mohd Naeem S/ o Riyasat , against respondent nos. 1 and 2 Wasim S/ o Noor Alam and Noor Alam S/ o Jam eel Hasan, respect ively, seeking quashing of t he charge sheet dat ed 04.04.2025, t he sum m oning order dat ed

09.04.2025, and t he ent ire proceedings of Sessions Trial No. 40 of 2025 ( Case Crim e No. 31 of 2025) for t he offence punishable under Sect ion 109( 1) of t he B.N.S., 2023, regist ered at Police St at ion Kot wali Manglaur, Dist rict Haridwar, pending before t he Court of t he learned Addit ional Dist rict and Sessions Judge, Roorkee, Dist rict Haridwar.

5. 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 also been filed, duly signed by t he part ies and support ed by t heir separat e affidavit s, st at ing t hat t hey have ent ered int o a com prom ise and j oint ly request t hat t he m at t er be com pounded.

6. Today, t he Applicant - Mohd Naeem S/ o Riyasat , is present in person before t he Court and is duly ident ified by Mr. Mohd. Safdar, Advocat e. Respondent No. 1- Wasim S/ o Noor Alam , and Respondent No. 2- Noor Alam S/ o Jam eel Hasan, are also present in person and are duly ident ified by Mr. Faizan Ali, Advocat e.

7. As per t he FI R, t here are allegat ions of an at t em pt t o m urder; however, it appears t hat no grievous or vit al inj uries were sust ained.

8. The Court also int eract ed wit h t he Respondent Nos. 1 and 2. During t he int eract ion, t hey st at ed t hat t hey do not wish t o pursue t he m at t er furt her and expressed no obj ect ion t o t he com pounding applicat ion being allowed.

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

10. 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 , and 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 w here 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.

11. Per cont ra, t he learned St at e Counsel raised a prelim inary obj ect ion, cont ending t hat t he offence under Sect ion 109( 1) of t he B.N.S., 2023, is non- com poundable.

12. Considering t he overall fact s and circum st ances of t he case, and part icularly t he fact t hat t he part ies have am icably resolved t heir differences, t his Court is of t he view t hat t he ends of j ust ice would be m et by quashing t he proceedings in Sessions Trial No. 40 of 2025 ( Case Crim e No. 31 of 2025) , under Sect ion 109( 1) of t he B.N.S., 2023, regist ered at Police St at ion Kot wali Manglaur, Dist rict Haridwar, pending before t he Court of t he learned Addit ional Dist rict and Sessions Judge, Roorkee, Dist rict Haridwar.

13. Accordingly, t he Com pounding Applicat ion allowed. The ent ire proceedings in Sessions Trial No. 40 of 2025 ( Case Crim e No. 31 of 2025) , for t he offence punishable under Sect ion 109( 1) of t he B.N.S., 2023, regist ered at Police St at ion Kot wali Manglaur, Dist rict Haridwar, pending before t he learned Addit ional Dist rict and Sessions Judge, Roorkee, Dist rict Haridwar, are hereby quashed.

14. 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 6 .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=3410ef86ae41ec9fbabcd5dba6b 3a2c24b5aa08b09c12f21822fbd40bf639b 1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C5279 6A542D7FF0A9BED00E67B5283D205F18F E29BDF5DD9, cn=SHIKSHA BINJOLA