Extracted from the PDF above. The PDF is authoritative.
SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
2025:UHC:10356
(Compounding Appl. No.01 of 2025) with C528 No.1638 of 2025 Hon’ble Ashish Naithani, J.
Mr. Rajendra Arya, learned counsel for the Applicant.
2. Mr. Vikas Uniyal, learned Brief Holder for the State.
3. Mr. Pankaj Kumar, learned counsel for Respondent Nos.2 & 3.
4. The applicant-Mursleen, is currently in jail; he needs to be heard. The concerned Jailer, District Pauri Garhwal is directed to facilitate the presence of the applicant Mursleen, son of Late Abdul Rahman though V.C.
5. Present Application has been filed by the Applicant under Section 528 of Bhartiya Nagrik Suraksha Sanhita BNS 2023 alongwith compounding application and the same is supported with the affidavits of applicant and respondent no.2.
6. By means of this C528 application, applicant, has sought quashing of the Charge Sheet No.01 of 2025 dated 25.07.2025 in FIR No.146 of 2025 dated 03.06.2025, Cognizance Order dated 02.08.2025 as well as the entire proceedings of Criminal Case No.2070 of 2025 under Section 118(2), 351(3) and 352 of B.N.S. on the basis of settlement arrived at between the parties.
7. Applicant has made his appearance through V.C. from concerned Jail, District Tehri Garhwal; and respondent no.2 is present in the Court. They are being identified by their respective counsels.
8.
Learned counsel for the parties have filed their respective affidavits along with the compounding application stating therein that they do not wish to pursue the present criminal case any further and a compromise has been entered between them.
9. Learned State counsel submits that injured respondent no.3 has been inflicted with the knife injury and the assailant is none other than the applicant Mursleen and strongly opposed the compounding application.
10. This Court has interacted with the parties specially the injured Mohd. Arif, who has stated that he does not want to pursue the matter and the matter has been settled.
11. Heard learned counsel for the parties and perused the material available on record.
12. In view of the principle of law laid down by Ho’ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303, criminal proceedings can be quashed by this Court, if this Court is satisfied that matter has been settled between the parties amicably and parties are interest to restore peace and harmony between them.
13. Having heard learned counsel for the parties and in view of the above, the compounding application is allowed. The entire proceedings of Criminal Case No.2070 of 2025 under Section 118(2), 351(3) and 352 of B.N.S. pending in the court of Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal are hereby quashed.
14. The concerned Jailor, District Tehri Garhwal is directed to release the applicant-Mursleen forthwith without any condition in case he is not wanted in any other case.
15. Accordingly instant C528 application stands
disposed of.
(Ashish Naithani, J.)
20.11.2025 Arti