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2025 DAILYLAW 14651 (UTT)

PARVEJ v. STATE OF UTTARAKHAND

C528/1783/2025 · 2025-10-29

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:9510 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 29TH OCTOBER, 2025 CRIMINAL MISCELLANEOUS APPLICATION NO.1783 OF 2025 Parvej ..... Applicant Versus State of Uttarakhand and Others ..…Respondents Counsel for the Applicant : Mr. Parikshit Saini, Advocate. Counsel for the Respondent: Ms. Sweta Badola Dobhal, No.1 Brief Holder. Counsel for the Respondent : Mr. Mohd. Safdar, Nos.2 to 5. Advocate. Hon’ble Alok Kumar Verma,J. This Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed for quashing the entire proceedings of Criminal Case No.1750 of 2025, “State vs. Parvej”, pending before the court of Additional Chief Judicial Magistrate, Roorkee, District Haridwar under Sections 316(5), 318(4) and Section 61(2) of the Bharatiya Nyaya Sanhita, 2023. 2. According to the First Information Report dated 20.01.2025, the applicant had transferred the money from the bank accounts of the informant – respondent no.2 and respondent no.3 to respondent 1 2025:UHC:9510 no.5 to his bank account and bank accounts of his family members and by the said act, he embezzled their money. 3. Mr. Parikshit Saini, learned counsel for the applicant-accused. 4. Ms. Sweta Badola Dobhal, learned Brief Holder for the respondent no.1. 5. Mr. Mohd. Safdar, learned counsel for the respondent nos.2 to 5. 6. Mr. Parikshit Saini, Advocate, submitted that the applicant-Parvej is presently lodged in Sub Jail, Roorkee, District Haridwar. 7. The respondent nos.2 to 5 are present through video conferencing. They are identified by Mr. Mohd. Safdar, Advocate. 8. The respondent nos.2 to 5 submitted that they have compounded the said offences with their free will and without any pressure. They have filed a Compounding Application (IA No.1 of 2025) and affidavits. They have requested to quash the entire proceedings of the said Criminal Case No.1750 of 2025. 9. Mrs. Sweta Bodola Dobhal, Brief Holder has opposed the request of the private respondents. However, this is an admitted fact that the First 2 2025:UHC:9510 Information Report has already been quashed in relation to the co-accused persons. 10. In the facts and circumstances of the case, ends of justice would be met if the entire proceedings of Criminal Case No.1750 of 2025, pending before the court of Additional Chief Judicial Magistrate, Roorkee, District Haridwar, are quashed. 11. 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.1750 of 2025, pending before the court of Additional Chief Judicial Magistrate, Roorkee, District Haridwar, are hereby quashed. 12. Applicant-Parvej shall be released forthwith from custody, if not required in any other criminal case. 13. A copy of this order be sent to the concerned Jail Officer for information and necessary compliance. ___________________ Date: 29.10.2025 ALOK KUMAR VERMA, J. JKJ/Pant 3