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2025 DAILYLAW 12414 (UTT)

MOHMMED ARSHAN AHMED v. STATE OF UTTARAKHAND

C528/1828/2025 · 2025-10-15

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:9202 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 15TH OCTOBER, 2025 CRIMINAL MISCELLANEOUS APPLICATION NO.1828 of 2025 Mohmmed Arshan Ahmed .....Applicant Versus State of Uttarakhand and Another ..…Respondents Counsel for the Applicant : Mr. Nalin Saun, Advocate. Counsel for the Respondent : Mr. Pratiroop Pandey, No.1 Assistant Government Advocate assisted by Mrs. Sweta Badola Dobhal, Brief Holder. Counsel for the Respondent : Mr. Gaurav Paliwal, No.2/informant-injured Advocate. 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 Criminal Case No.3212 of 2025, “State vs. Mohmmed Arshan Ahmed and two Others”, pending before the court of IIIrd Additional Judicial Magistrate, Dehradun under Sections 323, 452 and Section 504 of the Indian Penal Code, 1860. 2. Heard Mr. Nalin Saun, learned counsel for the applicant-accused, Mr. Pratiroop Pandey, learned 1 2025:UHC:9202 Assistant Government Advocate for the respondent no.1 and Mr. Gaurav Paliwal, learned counsel for the respondent no.2/informant-injured. 3. Mr. Mohmmed Arshan Ahmed, the applicant, is present through video conferencing. He is identified by Mr. Nalin Saun, Advocate. Mr. Ayush Saini, the respondent no.2-informant/injured, is present through video conferencing. He is identified by Mr. Gaurav Paliwal, Advocate. 4. Both, applicant and the respondent no.2 submitted that they have resolved all their private disputes and after resolving their disputes, they are living peacefully and in harmony. They have filed a Compounding Application (IA No.01 of 2025) and affidavits with their free will and without any pressure. 5. The respondent no.2 is requesting to quash the entire proceedings of the said Criminal Case No.3212 of 2025 qua the applicant. 6. The said request of the respondent no.2 has not been opposed by the respondent no.1. 7. 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.3212 of 2025, “State vs. Mohmmed Arshan Ahmed and two 2 2025:UHC:9202 Others”, pending before the court of IIIrd Additional Judicial Magistrate, Dehradun are quashed qua the applicant- Mohmmed Arshan Ahmed. 8. 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.3212 of 2025, “State vs. Mohmmed Arshan Ahmed and two Others”, pending before the court of IIIrd Additional Judicial Magistrate, Dehradun, are hereby quashed qua the applicant- Mohmmed Arshan Ahmed. ___________________ ALOK KUMAR VERMA, J. Dt:15.10.2025 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=6f1c15b6305912b3f008e9a4a8038ee7326b08b2d0e0 18b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6BA960BFE 64D819EE44CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.10.15 18:31:40 +05'30'