2025:UHC:8664 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 25th SEPTEMBER, 2025 CRIMINAL MISCELLANEOUS APPLICATION NO. 1721 OF 2025 Harman Singh ..... Applicant Versus State of Uttarakhand and Others ..…Respondents Counsel for the Applicant : Mr. Anchit Khokher, Advocate. Counsel for the Respondent: Mr. Tumul Nainwal, No.1 Assistant Government Advocate assisted by Mr. Chitrarth Kandpal, Brief Holder. Counsel for the Respondent : Mr. Subhash Chandra Joshi, No.2/informant/injured & Advocate. Respondent no.3/ injured Hon’ble Alok Kumar Verma,J. The present Application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing the entire proceedings of Sessions Trial No.26 of 2020, “State vs. Harman Singh”, pending before the court of Ist Additional District and Sessions Judge, Kashipur, District Udham Singh Nagar under Section 307 and Section 504 of the Indian Penal Code, 1860. 2. Mr. Anchit Khokher, learned counsel for the applicant. 3. Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent no.1. 1 2025:UHC:8664 4. Mr. Subhash Chandra Joshi, learned counsel for the respondent no.2-informant-injured and the respondent no.3, the injured. 5. Applicant Harman Singh is present in-person. He is identified by Mr. Anchit Khokher, Advocate. 6. The respondent no.2 and the respondent no.3 are present in-person. They are indentified by Mr. Subhash Chandra Joshi, Advocate. 7. According to the prosecution, on 19.09.2019, the applicant called the informant near Stadium and fired upon the informant and his cousin brother Harjeet Singh, the respondent no.3, due to which both of them received gunshot injuries on their thigh. 8. Applicant, respondent no.2 & respondent no.3 submitted that they are friends. They have settled all their disputes. Now, they are living happily and in harmony. They are still friends. They have filed a Compounding Application (IA No.1 of 2025) and affidavits with their free will and without any pressure. 9. The respondent nos.2 and 3 have requested to quash the entire proceedings of Sessions Trial No.26 of 2020. 10. Learned counsel for the respondent no.1 has opposed the request of private respondents on the ground that Section 307 of the Indian Penal Code, 1860 is non- compoundable offence. 2 2025:UHC:8664 11. Though this Court would normally be hesitant to quash the proceedings under Section 307 of the Indian Penal Code, 1860, but, it is noticed that the applicant, respondent no.2-informant-injured and respondent no.3 – injured are friends and they have settled all their disputes. They are living peacefully and in harmony. 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, in which the inherent jurisdiction of this Court should be exercised to do real and substantial justice. 12. Therefore, ends of justice would be met if the entire proceedings of Sessions Trial No.26 of 2020, “State vs. Harman Singh”, pending before the court of Ist Additional District and Sessions Judge, Kashipur, District Udham Singh Nagar, are quashed. 13. Resultantly, the present Application, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed and entire proceedings of Sessions Trial No.26 of 2020, “State vs. Harman Singh”, pending before the court of Ist Additional District and Sessions Judge, Kashipur, District Udham Singh Nagar, are hereby quashed. ___________________ Date: 25.09.2025 ALOK KUMAR VERMA, J. Pant/ 3