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2025 DAILYLAW 10967 (UTT)

GURDEEP SINGH AND ANR v. STATE OF UTTARAKHAND

C528/1579/2025 · 2025-09-10

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:8015 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 10th SEPTEMBER, 2025 CRIMINAL MISCELLANEOUS APPLICATION NO. 1579 OF 2025 Gurdeep Singh and Another ..... Applicants Versus State of Uttarakhand and Another ..…Respondents Counsel for the Applicants : Mr. Mani Kumar, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, No.1 Brief Holder. Counsel for the Respondent : Mr. Manoj Bhatt, Advocate. No.2 – injured 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 Sessions Trial No. 20 of 2015, “State of Uttarakhand vs. Jaswinder Singh and Others”, pending before the Court of IInd Additional Sessions Judge, Udham Singh Nagar under Sections 147, 148, 323, 504, 506, 452 and Section 307 of the Indian Penal Code, 1860. 2. Mr. Mani Kumar, learned counsel for the applicants. 3. Mr. Pradeep Lohani, learned Brief Holder for the respondent no.1. 1 2025:UHC:8015 4. Mr. Manoj Bhatt, learned counsel for the respondent no.2-injured. 5. Applicant no.1-accused Gurdeep Singh is present in-person. He is identified by Mr. Mani Kumar, Advocate. 6. Applicant no.2-accused Baljeet Singh alias Balli is in judicial custody. 7. The respondent no.2-Jaspal Singh-injured is present in-person. He is identified by Mr. Manoj Bhatt, Advocate. 8. Charge-sheet was filed against five accused namely Jaswinder Singh, Rekha Kaur, Harpal and the present two applicants Gurdeep and Baljeet alias Balli. The entire proceedings qua the co-accused Rekha Kaur, Jaswinder Singh and Harpal Singh have already been quashed vide order dated 12.03.2025, passed by the Coordinate Bench of this Court in C528 No. 63 of 2025. 9. Respondent no.2 - injured Jaspal Singh submitted that he has filed a compounding application and affidavit with his free will and without any pressure. He has requested to quash the entire proceedings of the said Sessions Trial No. 20 of 2015. 10. The said request has not been opposed by Mr. Pradeep Lohani, Brief Holder for the respondent no.1. He has conceded that the entire proceedings of three co- 2 2025:UHC:8015 accused have already been quashed. 11. Considering the totality of the matter, this Court is of the view that ends of justice would be met if the entire proceedings of Sessions Trial No. 20 of 2015, “State of Uttarakhand vs. Jaswinder Singh and Others”, pending before the Court of IInd Additional Sessions Judge, Udham Singh Nagar, are quashed. 12. 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. 20 of 2015, “State of Uttarakhand vs. Jaswinder Singh and Others”, pending before the Court of IInd Additional Sessions Judge, Udham Singh Nagar, are hereby quashed. 13. The applicant 2-accused Baljeet Singh alias Balli is in judicial custody. In case, the applicant-accused Baljeet Singh alias Balli is not wanted in any other case, he shall be released forthwith. 14. Let a copy of this order be sent to the Superintendent of concerned Jail for compliance. ___________________ ALOK KUMAR VERMA, J. Date: 10.09.2025 Shiv/ 3