2025:UHC:8239 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 16TH SEPTEMBER, 2025 CRIMINAL MISCELLANEOUS APPLICATION NO.1518 of 2025 Ajay and Others .....Applicants Versus State of Uttarakhand and Another ..…Respondents Counsel for the Applicants : Mr. Ankush Kumar Tyagi, Advocate holding brief of Mr. Naman Kamboj, Advocate. Counsel for the Respondent : Mr. Tumul Nainwal, No.1 Assistant Government Advocate assisted by Mr. Chitrarth Kandpal, Brief Holder. Counsel for the Respondent no.2/ : Mr. Sumit Joshi, Informant-Victim Advocate through video conferencing. Hon’ble Alok Kumar Verma,J. The present Application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing the entire proceedings of Special Sessions Trial No.638 of 2018, “State Vs. Ajay and Others”, pending before the court of Special Sessions Judge, Udham Singh Nagar under Sections 147, 452, 323, 504, 506 of the Indian Penal Code, 1860, Section 3(1)(r) and Section 3(1)(z) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 1 2025:UHC:8239 2. Heard Mr. Ankush Kumar Tyagi, learned counsel for the applicants, Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent no.1 and Mr. Sumit Joshi, learned counsel for the respondent no.2-informant/victim. 3. The charge-sheet was filed against sixteen accused. The accused Upendra and the accused Lalu alias Lalman have died. 4. All the fourteen applicants-accused are present in-person. They are identified by Mr. Ankush Kumar Tyagi, Advocate. The respondent no.2- informant/victim, is present in-person. He is identified by Mr. Sumit Joshi, Advocate. 5. Both, the applicants and the respondent no.2 submitted that they have settled their private disputes and they are living happily and in harmony. They submitted that they have filed a Compounding Application (IA No.02 of 2025) and affidavits. 6. The respondent no.2-informant/victim further submitted that he has filed the compounding application and his affidavit with his free will and without any pressure. He has requested to quash the 2 2025:UHC:8239 entire proceedings of Special Sessions Trial No.638 of 2018. 7. Mr. Tumul Nainwal, learned Assistant Government Advocate, submitted that the applicants and the respondent no.2 have settled their private disputes. However, he opposed the submissions of the respondent no.2. 8. Considering the totality of the matter, this Court is of the view that ends of justice would be met if the entire proceedings of Special Sessions Trial No.638 of 2018, “State Vs. Ajay and Others”, pending before the court of Special Sessions Judge, Udham Singh Nagar, are quashed. 9. Resultantly, the present Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and the entire proceedings of Special Sessions Trial No.638 of 2018, “State Vs. Ajay and Others”, pending before the court of Special Sessions Judge, Udham Singh Nagar, are hereby quashed. ___________________ ALOK KUMAR VERMA, J. Dt:16.09.2025 Neha 3 NEHA BISHT Digitally signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a 8038ee7326b08b2d0e018b01be753f01 4836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB967706 8452F32DE6BA960BFE64D819EE44CA9 CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.09.16 17:59:35 +05'30'