Extracted from the PDF above. The PDF is authoritative.
2025:UHC:7729 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 01st SEPTEMBER, 2025
CRIMINAL MISCELLANEOUS APPLICATION NO. 1537 OF 2025 Kailash Chandra
..... Applicant Versus
State of Uttarakhand and Another ..…Respondents
Counsel for the Applicant
: Mr. Rajesh Chandra
Kandpal, Advocate.
Counsel for the Respondent : Mr. Pratiroop Pandey, No.1
Assistant Government
Advocate.
Counsel for the Respondent No.2/ : Mr. Gulshan Pandey, Injured
Advocate.
Hon’ble Alok Kumar Verma,J.
This Application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing the entire proceedings of Criminal Case No.1460 of 2019, “State vs. Kailash Chandra”, pending before the court of Chief Judicial Magistrate, Udham Singh Nagar under Section 279 and Section 338 of the Indian Penal Code, 1860.
2.
Heard Mr. Rajesh Chandra Kandpal, learned counsel for the applicant, Mr. Pratiroop Pandey, learned Assistant Government Advocate for the respondent 1
2025:UHC:7729 no.1 and Mr. Gulshan Pandey, learned counsel for the respondent no.2.
3.
Kailash Chandra, the applicant – accused, is present in-person. He is identified by Mr. Rajesh Chandra Kandpal, Advocate.
4.
The respondent no.2- Phool Bee, the injured, is present through video conferencing. She is identified by Mr. Gulshan Pandey, Advocate.
5.
Both, the applicant and the respondent no.2 submitted that they have filed a Compounding Application (IA No.1 of 2025) along with the affidavits with their free will and without any pressure. The respondent no.2 has requested to quash the entire proceedings of Criminal Case No.1460 of 2019.
6.
The learned counsel for the State submitted that the applicant and the respondent no.2 have settled their private disputes.
7.
Considering the totality of the matter, this Court is of the view that ends of justice would be met if the entire proceedings of Criminal Case No.1460 of 2019, “State vs. Kailash Chandra”, pending before the 2
2025:UHC:7729 court of Chief Judicial Magistrate, Udham Singh Nagar, are quashed.
8.
Resultantly, the present Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and the entire proceedings of Criminal Case No.1460 of 2019, “State vs. Kailash Chandra”, pending before the court of Chief Judicial Magistrate, Udham Singh Nagar, are hereby quashed.
___________________ Date: 01.09.2025 ALOK KUMAR VERMA, J. Pant/
3