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2025 DAILYLAW 10950 (UTT)

RAJESH KUMAR v. STATE OF UTTARAKHAND

C528/1569/2025 · 2025-09-11

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:8068 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 11TH SEPTEMBER, 2025 CRIMINAL MISCELLANEOUS APPLICATION NO. 1569 OF 2025 Rajesh Kumar ..... Applicant Versus State of Uttarakhand and Another ..…Respondents Counsel for the Applicant : Mr. Shariq Khurshid, Advocate. Counsel for the Respondent: Mr. Pradeep Lohani, No.1. Brief Holder. Counsel for the Respondent : Mr. Shivam Sharma, No.2/informant-victim Advocate (through video conferencing). 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 Criminal Case No.6558 of 2022, “State vs. Rajesh Kumar”, pending before the court of Additional Chief Judicial Magistrate/VI Additional Civil Judge, Senior Division, Dehradun under Sections 323, 506 and Section 452 of the Indian Penal Code, 1860. 2. Mr. Shariq Khurshid, learned counsel for the applicant. 3. Mr. Pradeep Lohani, learned Brief Holder for 1 2025:UHC:8068 the respondent no.1. 4. Mr. Shivam Sharma, learned counsel for the respondent no.2/informant-victim. 5. The applicant-accused Rajesh Kumar is the husband of the respondent no.2. Applicant-Rajesh Kumar is present through video conferencing. He is identified by Mr. Shariq Khurshid, Advocate. 6. Smt. Preeti, the respondent no.2/informant- victim is present through video conferencing. She is indentified by Mr. Shivam Sharma, Advocate. 7. Both, the applicant and respondent no.2 submitted that they have settled their private disputes. They have filed a Compounding Application (IA No.1 of 2025) and affidavits with their free will and without any pressure. 8. The respondent no.2/informant-victim has requested to quash the entire proceedings of Criminal Case No.6558 of 2022, “State vs. Rajesh Kumar”, pending before the court of Additional Chief Judicial Magistrate/VI Additional Civil Judge, Senior Division, Dehradun. 9. Mr. Pradeep Lohani, Brief Holder has not opposed the submission of the respondent no.2. 10. In the facts and circumstances of the case, 2 2025:UHC:8068 ends of justice would be met if the entire proceedings of Criminal Case No.6558 of 2022, “State vs. Rajesh Kumar”, pending before the court of Additional Chief Judicial Magistrate/VI Additional Civil Judge, Senior Division, Dehradun, 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 Criminal Case No.6558 of 2022, “State vs. Rajesh Kumar”, pending before the court of Additional Chief Judicial Magistrate/VI Additional Civil Judge, Senior Division, Dehradun, are hereby quashed. ___________________ Date: 11.09.2025 ALOK KUMAR VERMA, J. JKJ/Pant 3