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2025:UHC:7274 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 19TH AUGUST, 2025
CRIMINAL MISCELLANEOUS APPLICATION NO. 1401 OF 2025 Neeraj Kumar and six Others
..... Applicants Versus
State of Uttarakhand and Another ..…Respondents
Counsel for the Applicants : Mr. Dushyant Mainali,
Advocate.
Counsel for the Respondent : Mr. Pradeep Lohani, No.1
Brief Holder.
Counsel for the Respondent no.2/ : Mr. Nikhil Bhatt, Informant- Injured
Advocate.
Hon’ble Alok Kumar Verma,J.
The applicants have invoked the inherent jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing the charge-sheet dated 01.08.2024, summoning order dated 14.01.2025 and the entire proceedings of Criminal Case No. 27 of 2025, “State vs. Neeraj Kumar and Others”, pending before the court of Chief Judicial Magistrate, Pithoragarh.
2.
According to the First Information Report dated 15.07.2024, the informant was beaten by 10-12 1
2025:UHC:7274 unknown persons on 13.07.2024 due to which he suffered injury.
3.
Subsequent to the submission of the charge- sheet, the learned Magistrate took cognizance and passed the impugned summoning order against the applicants and one Kamal Kumar for the offence punishable under Section 115(2), Section 191(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita,
2023.
4.
Heard Mr. Dushyant Mainali, learned counsel for the applicants, Mr. Pradeep Lohani, learned Brief Holder for the respondent no.1 and Mr. Nikhil Bhatt,
learned counsel for the respondent no.2/informant – injured.
5.
All the applicants – accused Neeraj Kumar, Himanshu Kumar, Aman Kumar, Abhishek Kumar, Dilip Kumar, Yogesh Kumar and Kishan Singh are present in- person. They are identified by Mr. Dushyant Mainali, Advocate. Mr. Shamsher alias Shekhar, the respondent no.2/informant – injured, is present in-person. He is identified by Mr. Nikhil Bhatt, Advocate. 2
2025:UHC:7274
6.
The applicants and the respondent no.2 submitted that they have settled their disputes amicably and reached to compromise pursuant to which they have filed a Compounding Application (IA No.01 of 2025) with their affidavits.
7.
The applicants and the respondent no.2 submitted that they have filed affidavits with their free and without any pressure. The respondent no.2 further submitted that he has compounded the offences.
8.
The entire proceedings against the accused Kamal Kumar has already been quashed by the Coordinate Bench.
9.
Learned counsel for the State submitted that the applicants and the respondent no.2 have settled their disputes amicably, therefore, the State has no objection to the submissions of the applicants and the respondent no.2.
10. Considering the totality of the matter, this Court is of the view that ends of justice would be met if the charge-sheet dated 01.08.2024, summoning order dated 14.01.2025 and the entire proceedings of Criminal Case No. 27 of 2025, “State vs. Neeraj Kumar 3
2025:UHC:7274 and Others”, pending before the court of Chief Judicial Magistrate, Pithoragarh, are quashed.
11. Resultantly, the present Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and the charge-sheet dated 01.08.2024, summoning order dated 14.01.2025 and the entire proceedings of Criminal Case No. 27 of 2025,
“State vs. Neeraj Kumar and Others”, pending before the court of Chief Judicial Magistrate, Pithoragarh, are hereby quashed.
___________________ ALOK KUMAR VERMA, J.
Date: 19.08.2025 JKJ/Pant
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