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2025 DAILYLAW 10723 (UTT)

ROSHAN KUMAR ALIAS RAUSHAN KUMAR AND ANR v. STATE OF UTTARAKHAND

C528/1529/2025 · 2025-08-29

Alok Kumar Verma

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Judgment text

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2025:UHC:7691 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 29TH AUGUST, 2025 CRIMINAL MISCELLANEOUS APPLICATION NO. 1529 OF 2025 Roshan Kumar alias Raushan Kumar and Another ..... Applicants Versus State of Uttarakhand and Another ..…Respondents Counsel for the Applicants : Mr. Neeraj Singh Kaira, Advocate. Counsel for the Respondent: Mr. Chitrarth Kandpal, No.1 Brief Holder. Counsel for the Respondent: Ms. Sarita Bisht, No.2-informant/victim Advocate. Hon’ble Alok Kumar Verma,J. The present Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed for quashing the entire proceedings of Criminal Case No. 2899 of 2024, “State Vs. Roshan Kumar and Another”, pending before the Court of Additional Chief Judicial Magistrate, Haldwani, District Nainital under Sections 380, 411 read with Section 34 of the Indian Penal Code, 1860. 2. Mr. Neeraj Singh Kaira, learned counsel for the applicants. 1 2025:UHC:7691 3. Mr. Chitrarth Kandpal, learned Brief Holder for the respondent no.1. 4. Ms. Sarita Bisht, learned counsel for the respondent no.2- informant/victim. 5. Both the applicants-accused are present in- person. They are identified by Mr. Neeraj Singh Kaira, Advocate. 6. The respondent no.2-informant/victim is present through video conferencing. He is identified by Ms. Sarita Bisht, Advocate. 7. Both, the applicants and the respondent no.2 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 has requested to quash the entire proceedings of the said Criminal Case No.2899 of 2024. 8. The said request of the respondent no.2 has not been opposed by the respondent no.1. 9. 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. 2899 of 2024, “State Vs. Roshan Kumar and Another”, pending before the Court of Additional Chief Judicial Magistrate, Haldwani, District Nainital, are quashed. 2 2025:UHC:7691 10. 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. 2899 of 2024, “State Vs. Roshan Kumar and Another”, pending before the Court of Additional Chief Judicial Magistrate, Haldwani, District Nainital, are hereby quashed. ___________________ ALOK KUMAR VERMA, J. Date: 29.08.2025 Shiv/ 3