9096 I N TH E H I GH COURT OF UTTA RA K H v. Counsel for t he

Mr. Vikas Kum ar Guglani, Advocat e. Mr. Akshay Lat wal, Assist ant Governm ent Advocat e. Mr. Rishabh Bisht , Advocat e. The present Applicat ion has been filed under Sect ion 528 of t he Bharat iya Nagarik Suraksha Sanhit a, 2023 for quashing t he ent ire proceedings of Sessions Trial No.78 of 2024, “ St at e of Ut t arakhand Vs. Raj kum ar Kakkar alias Raj u and Ot hers” , pending before t he court of I I I rd Addit ional Sessions Judge, Rudrapur, Dist rict Udham Singh Nagar. 2 . According t o t he First I nform at ion Report , t he applicant s along wit h ot her co- accused persons beat t he respondent no.3, t he brot her of t he respondent 1 no.2- inform ant and t he respondent no.4, t he fat her of t he inform ant . A fire was also opened at t he inform ant . But t he said fire did not hit him . 3 . The cognizance has been t aken t he offence of Sect ions 147, 148, 149, 307, 452, 323, 504, 506, 120B, 269, 270 read wit h Sect ion 34 of t he I ndian Penal Code, 1860 against t he applicant s- accused Chand Babu alias Chand Khan, t he applicant no.2, Sat yendra Kum ar, t he applicant no.3, Nirwail Singh alias Bunt y, t he respondent no.5 and Sanj eet Singh alias Sunny, t he applicant no.6. The cognizance has been t aken for t he offence of Sect ions 147, 148, 149, 307, 452, 323, 504, 506, 120B, 269, 270 read wit h Sect ion 34 of t he I ndian Penal Code, 1860 and Sect ion 3 read wit h Sect ion 25 of t he Arm s Act , 1959 against Monu Khan, t he applicant no.1 and I kbal Khan alias Jahid, t he applicant no.4. 4 . Heard Mr. Vikas Kum ar Guglani, learned counsel for t he applicant s, Mr. Akshay Lat wal, learned Assist ant Governm ent Advocat e t he respondent no.1 and Mr. Rishabh Bisht , learned counsel for t he respondent no.2- inform ant , 3 and 4- inj ured. 5 . All t he Applicant s- accused are present t hrough video conferencing. They are ident ified by Mr. 2 Vikas Kum ar Guglani, Advocat e. The respondent no.2- inform ant , respondent no.3 and t he respondent no.4, t he inj ured, are present t hrough video conferencing. They are ident ified by Mr. Rishabh Bisht , Advocat e. 6 . According t o t he privat e respondent s, t he respondent no.3 and t he respondent no.4 had received sim ple inj uries. They ( privat e respondent s) have com pounded t he said offences. They have set t led t heir t he disput es wit h t he applicant s. Now, t hey ( applicant s and t he privat e respondent s) are living peacefully and in harm ony. They have filed a Com pounding Applicat ion ( I A No.01 of 2025) and affidavit s wit h t heir free will and wit hout any pressure. The privat e respondent s have request ed t o quash t he ent ire proceedings of t he said Sessions Trial No.78 of

2024. 7 . The said request has been opposed by t he respondent no.1 on t he ground t hat t he said offences are non- com poundable. 8 . The applicant s and t he privat e respondent s have set t led t heir all t he disput es and now, t hey are living peacefully and in harm ony. Considering t he t ot alit y of t he m at t er, t his Court is of t he view t hat ends of j ust ice would be m et if t he ent ire proceedings 3 of Sessions Trial No.78 of 2024, “ St at e of Ut t arakhand Vs. Raj kum ar Kakkar alias Raj u and Ot hers” , pending before t he court of I I I rd Addit ional Sessions Judge, Rudrapur, Dist rict Udham Singh Nagar, are quashed qua t he applicant s. 9 . Result ant ly, t he present Applicat ion, under Sect ion 528 of t he Bharat iya Nagarik Suraksha Sanhit a, 2023, is allowed and t he ent ire proceedings of Sessions Trial No.78 of 2024, “ St at e of Ut t arakhand Vs. Raj kum ar Kakkar alias Raj u and Ot hers” , pending before t he court of I I I rd Addit ional Sessions Judge, Rudrapur, Dist rict Udham Singh Nagar, are hereby quashed qua t he applicant s. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A LOK K UM A R VERM A , J. Dt : 13.10.2025 Neha NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a8038ee7326b08b 2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6BA9 60BFE64D819EE44CA9CCE487B2FE0F92, cn=NEHA BISHT 4