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2025 DAILYLAW 10872 (UTT)

SAMEER ANSARI v. STATE OF UTTARAKHAND

C528/1558/2025 · 2025-09-03

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:7816 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 03RD SEPTEMBER, 2025 CRIMINAL MISCELLANEOUS APPLICATION NO.1558 of 2025 Sameer Ansari .....Applicant Versus State of Uttarakhand and Another ..…Respondents Counsel for the Applicant : Mr. Vaibhav Singh Chauhan, Advocate. Counsel for the Respondent: Mr. Pradeep Lohani, No.1 Brief Holder. Counsel for the Respondent : Mr. Bharat Chaudhary, 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 by the applicant for quashing the entire proceedings of Sessions Trial No.80 of 2025, “State vs. Sameer Ansari”, pending before the court of Additional Sessions Judge/F.T.S.C., District Haridwar under Section 69 and Section 115(2) of the Bharatiya Nyaya Sanhita, 2023. 2. Applicant is in judicial custody. 3. Mr. Vaibhav Singh Chauhan, learned counsel for the applicant. 4. Mr. Pradeep Lohani, learned Brief Holder for 1 2025:UHC:7816 the respondent no.1. 5. Mr. Bharat Chaudhary, learned counsel for the respondent no.2-informant/victim. 6. The respondent no.2-informant/victim is present through video conferencing. She is indentified by Mr. Bharat Chaudhary, Advocate. 7. The respondent no.2 submitted that her marriage has been fixed with Asif. Now, she is not interested in marrying the applicant. She further submitted that she has filed her affidavit with her free will and without any pressure. She has requested to quash the entire proceedings of Sessions Trial No.80 of 2025. 8. The said request has not been opposed by the respondent no.1. 9. Though this Court would normally be hesitant to quash the proceedings under Section 69 of the Bharatiya Nyaya Sanhita, 2023, but, it is noticed that the marriage of the informant has been fixed with Asif and now she is not interested in marrying the applicant. She has requested to quash the proceedings. 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, 2 2025:UHC:7816 in which the inherent jurisdiction of this Court should be exercised to do real and substantial justice. 10. Therefore, ends of justice would be met if the entire proceedings of Sessions Trial No.80 of 2025, “State vs. Sameer Ansari”, pending before the court of Additional Sessions Judge/F.T.S.C., District Haridwar, are quashed. 11. 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.80 of 2025, “State vs. Sameer Ansari”, pending before the court of Additional Sessions Judge/F.T.S.C., District Haridwar, are hereby quashed. 12. The applicant is in judicial custody. In case, the applicant-Sameer Ansari is not wanted in any other case, he shall be released forthwith. 13. Let a copy of this order be sent to the Superintendent of District Jail, Haridwar for compliance. ___________________ ALOK KUMAR VERMA, J. Dt:03.09.2025 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=6f1c15b6305912b3f008e9a4a8038ee7326b08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6BA960BFE64D819EE44CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.09.03 18:59:37 +05'30'