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2025 DAILYLAW 14184 (UTT)

SHAHNAWAJ AND ANR v. SHABNOOR

C528/1833/2025 · 2025-10-31

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:9621 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 31st OCTOBER, 2025 CRIMINAL MISCELLANEOUS APPLICATION NO. 1833 of 2025 Shahnawaj and Another .....Applicants Versus Shabnoor ..…Respondent Counsel for the Applicants : Mr. Shariq Khurshid, Advocate. Counsel for the Respondent : Mr. Prince Chauhan 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 Complaint Case No. 3737 of 2017, “Shabnoor vs. Gulsanbabbar and Others”, pending before the court of Judicial Magistrate/Ist Additional Civil Judge (Junior Division), Kashipur, District Udham Singh Nagar. 2. Mr. Shariq Khurshid, learned counsel for the applicants-accused. 3. Mr. Prince Chauhan, learned counsel for the respondent - complainant. 4. Both, the applicants and respondent are 1 2025:UHC:9621 present in person. Applicants are identified by Mr. Shariq Khurshid, Advocate and respondent has been identified by Mr. Prince Chauhan, Advocate. 5. The applicants are brothers-in-law (Jeth and Devar) of the respondent-complainant. The other co- accused Gulsan Babbar died on 28.01.2023 (Annexure No.4). 6. Both, the applicants and the respondent submitted that they have resolve their private dispute and after resolving their dispute they have filed a Compounding Application (IA No.01 of 2025) and affidavits with their free will and without any pressure. 7. The respondent has requested to quash the entire proceedings of the Complaint Case No. 3737 of 2017. 8. Considering the totality of the matter, this Court is of the view that ends of justice would be met if the entire proceedings of Complaint Case No. 3737 of 2017, “Shabnoor vs. Gulsanbabbar and Others”, pending before the court of Judicial Magistrate/Ist Additional Civil Judge (Junior Division), Kashipur, District Udham Singh Nagar, are quashed. 9. Resultantly, the present Application, filed under Section 528 of the Bharatiya Nagarik Suraksha 2 2025:UHC:9621 Sanhita, 2023, is allowed and the entire proceedings of Complaint Case No. 3737 of 2017, “Shabnoor vs. Gulsanbabbar and Others”, pending before the court of Judicial Magistrate/ Ist Additional Civil Judge (Junior Division), Kashipur, District Udham Singh Nagar, are hereby quashed. ___________________ ALOK KUMAR VERMA, J. Dt:31.10.2025 Nahid 3