2025:UHC:7776 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 02ND SEPTEMBER, 2025 CRIMINAL MISCELLANEOUS APPLICATION NO. 1513 OF 2025 Irshad alias Asab ..... Applicant Versus State of Uttarakhand and Another ..…Respondents Counsel for the Applicant : 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 applicant-accused for quashing the entire proceedings of Sessions Trial No.37 of 2025, “State vs. Irshad alias Asab”, pending before the court of IVth Additional Sessions Judge, Dehradun under Section 307 and Section 325 of the Indian Penal Code, 1860. 2. Mr. Ramji Srivastava, learned counsel for the applicant. 3. Mr. Pratiroop Pandey, learned Assistant 1 2025:UHC:7776 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. Applicant is 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 applicant-accused is relative of the informant and injured persons. 8. Mr. Ramji Srivastava, learned counsel for the applicant, 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 proceedings of Sessions 2 2025:UHC:7776 Trial No.37 of 2025, “State vs. Irshad alias Asab”, pending before the court of IVth 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 applicant, 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.37 of 2025, “State vs. Irshad alias Asab”, pending before the court of IVth 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.37 of 2025, “State vs. Irshad alias 3 2025:UHC:7776 Asab”, pending before the court of IVth Additional Sessions Judge, Dehradun, are hereby quashed. 13. The applicant is in judicial custody. In case, the applicant-accused Irshad alias Asab is not wanted in any other case, he 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