2025:UHC:7767 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 02ND SEPTEMBER, 2025 CRIMINAL MISCELLANEOUS APPLICATION NO. 1512 OF 2025 1. Sakib 2. Umar ..... Applicants Versus State of Uttarakhand and Another ..…Respondents Counsel for the Applicants : Mr. Ramji Srivastava, Advocate. Counsel for the Respondent: Mr. Pratiroop Pandey, No.1 Assistant Government Advocate. Counsel for the Respondent : Mr. Siddhartha Sah, No.2/informant and all three Advocate. injured. Hon’ble Alok Kumar Verma,J. The present Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants-accused for quashing the entire proceedings of Sessions Trial No.104 of 2024, “State vs. Mohd. Umar & Another”, pending before the court of Ist Additional Sessions Judge, Dehradun under Section 307 and Section 325 of the Indian Penal Code, 1860. 2. Mr. Ramji Srivastava, learned counsel for the applicants. 3. Mr. Pratiroop Pandey, learned Assistant 1 2025:UHC:7767 Government Advocate for the respondent no.1. 4. Mr. Siddhartha Sah, learned counsel for the respondent no.2-informant and all the three injured. 5. Applicants are in judicial custody. 6. The respondent no.2-informant and injured Firoz, Shahbaz and Sanib are present through video conferencing. They are indentified by Mr. Siddhartha Sah, Advocate. 7. Learned counsel for the parties submitted that the respondent no.2-informant is the real brother of the injured Firoz, Shahbaz and Sanib and the applicants-accused are relatives of the informant and injured persons. 8. Mr. Ramji Srivastava, learned counsel for the applicants, respondent no.2-informant and all the injured persons submitted that all the private disputes have been settled and after resolving the private disputes, they want to live peacefully and in harmony. 9. The private respondent and all the injured submitted that they have filed a Compounding Application (IA No.1 of 2025) and affidavits with their free will and without any pressure. The respondent no.2-informant and all the injured persons have requested to quash the entire proceeding of Sessions 2 2025:UHC:7767 Trial No.104 of 2024, “State vs. Mohd. Umar and Another”, pending before the court of Ist Additional Sessions Judge, Dehradun. 10. Though this Court would normally be hesitant to quash the proceedings under Section 307 of the Indian Penal Code, 1860, but, it is noticed that the applicants, respondent no.2-informant and all the injured persons are relatives and they have settled their disputes. They want to live peacefully and in harmony. In these circumstances, in case, the proceedings are allowed to continue, it would amount to denial of complete justice to the parties. Therefore, it is a case, in which the inherent jurisdiction of this Court should be exercised to do real and substantial justice. 11. Therefore, ends of justice would be met if the entire proceedings of Sessions Trial No.104 of 2024, “State vs. Mohd. Umar & Another”, pending before the court of Ist Additional Sessions Judge, Dehradun, are quashed. 12. Resultantly, the present Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and the entire proceedings of Sessions Trial No.104 of 2024, “State vs. Mohd. Umar & 3 2025:UHC:7767 Another”, pending before the court of Ist Additional Sessions Judge, Dehradun, are hereby quashed. 13. The applicants are in judicial custody. In case, the applicants-accused Sakib and Umar are not wanted in any other case, they shall be released forthwith. 14. Let a copy of this order be sent to the Superintendent of District Jail, Dehradun for compliance. ___________________ Date: 02.09.2025 ALOK KUMAR VERMA, J. JKJ/Pant 4