ADITIYA BHANDARI ALIAS MANNU AND ANR v. STATE OF UTTARAKHAND
C528/1042/2024 · 2025-08-14
Ashish Naithani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13741 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13741 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
IA No.1 of 2024 (Compounding Application) In C528 No.1042 of 2024 Hon’ble Ashish Naithani, J.
Mr. Milind Raj, learned counsel for the Applicants.
2. Mr. Rakesh Negi, learned Brief Holder, for the State of Uttarakhand/1.
3. Mr. Kundan Singh, learned counsel for the private Respondent No.2.
4. The present criminal miscellaneous application under Section C528 of BNSS, 2023 has been filed on behalf of the Applicants against the Respondents, in particular, Respondent No.2, with a prayer that the entire proceedings of Criminal Case No.225 of 2024, “State Vs. Aditiya Bhandari @ Mannu and another”, under Sections 323, 504, 307 and 34 of IPC and under Sections 3/25 of Arms Act, pending before the court of learned Civil Judge (Jr. Division)/Judicial Magistrate, Bazpur, District Udham Singh Nagar, be quashed.
5. Learned State Counsel objects to the compounding application with the statement that the present matter cannot be compounded as it is not compoundable and the issue involved in the present matter relates to gunshot blankly fired on the complainant/Respondent No.2 Sri Ganesh Kumar by the Applicants.
6. On interacting with the injured/complainant – Sri Ganesh Kumar, he submits that the assailants did fire gunshot resulting in a simple injury, but he cannot recall as to who were the assailants, and whether it was the Applicants or the single person or they were more than one. On asking the Respondent No.2/complainant, whether the present Applicants
were the very person who was involved in firing the gunshot which injured him. Respondent No.2, blankly refuses to recognize that Applicants were the very person, he makes a statement further that till now it has not come to his knowledge that who were the assailants.
7. Along with the said prayer, it is stated that the matter between the parties have been amicably settled and the compounding application have been jointly moved on behalf of the parties as paper no.35, which is supported with an affidavit, wherein, the Applicants and the Respondent No.2 have annexed the signatures and it has been endorsed by the
learned counsel for the parties respectively. The Applicants and the Respondent No.2/complainant are appearing before this Court online through VC and are being identified by their learned counsels respectively.
8. On interacting with the parties, parties have submitted that they have settled their scores amicably and this Court is satisfied regarding the compounding of the offence.
9. In view of the above, the compounding application is allowed. The entire proceedings of Criminal Case No.225 of 2024, “State Vs. Aditiya Bhandari @ Mannu and another”, under Sections 323, 504, 307 and 34 of IPC and under Sections 3/25 of Arms Act, pending before the court of learned Civil Judge (Jr. Division)/Judicial Magistrate, Bazpur, District Udham Singh Nagar, are hereby quashed
10. The Criminal Miscellaneous Application, filed under Section 528 of the BNSS, is disposed of accordingly.
(Ashish Naithani, J.) 14.08.2025 Nitesh/