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2025 DAILYLAW 14928 (UTT)

IMRAN AHMAD v. STATE OF UTTARAKHAND

C528/1869/2025 · 2025-11-20

Ashish Naithani

body2025

Judgment text

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2025:UHC:10341 SL. No . Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C-528 No. 1869 of 2025 Hon’ble Ashish Naithani, J. Mr. Priyanshu Gairola, learned counsel for the Applicant. 2. Mr. S.S. Chauhan, learned Deputy Advocate General along with Mr. Vikash Uniyal, learned Brief Holder for the State of Uttarakhand. 3. Mr. Yogesh Kumar, learned counsel for the Respondent No. 2. 4. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the Applicant – Imran Ahmad, against Respondent No. 2 – Salma Khatoon, seeking quashing of the charge-sheet dated 20.04.2025, the cognizance order dated 21.05.2025, as well as the entire proceedings of Sessions Trial No. 79 of 2025, “State vs. Imran Ahmad,” for the offences punishable under Section 376 of the IPC and Section 351(2) of the Bharatiya Nyaya Sanhita, 2023, arising out of Police Station Sahaspur, District Dehradun, pending before the Court of Additional District Judge (Fast Track Court), Dehradun. 5. Along with the present application under Section 528, a joint Compounding Application (I.A. No. 2 of 2025) has been filed, duly signed by the parties and supported by their respective affidavits, wherein it is stated that the parties have amicably settled the dispute and request that the matter be compounded. 6. Today, the Applicant is present through video conferencing and is duly identified by Mr. Priyanshu Gairola, Advocate. Respondent No. 2 – Salma Khatoon is also present through video conferencing and is 2025:UHC:10341 represented by Ms. Anshpreet Kaur Chachra, Advocate through video conferencing, and further identified by Mr. Yogesh Kumar, Advocate before this Court. 7. The Court also interacted with Respondent No. 2. During the interaction, she stated that she does not wish to pursue the matter any further and has no objection if the compounding application is allowed. 8. Heard learned counsel for the parties and perused the record. 9. In light of the legal principles laid down by the Hon’ble Supreme Court in Gian Singh vs. State of Punjab, (2012) 10 SCC 303, and Dimpey Gujral vs. Union Territory of Chandigarh, Transfer Petition (Criminal) No. 115 of 2012, decided on 06.12.2012, this Court is mindful that criminal proceedings may be quashed when the parties have amicably settled the matter, particularly where such settlement would promote peace and restore harmony. 10. Per contra, learned State Counsel has raised a preliminary objection, contending that some of the offences involved are non-compoundable. 11. However, considering the overall facts and circumstances of the case, including the voluntary compromise between the parties and the stand taken by Respondent No. 2, this Court is of the view that the ends of justice would be served by quashing the entire proceedings of Sessions Trial No. 79 of 2025, “State vs. Imran Ahmad,” for the alleged offences under Section 376 of the IPC and Section 351(2) of the Bharatiya Nyaya Sanhita, 2023, arising out of Police Station Sahaspur, District Dehradun, pending before the Court of Additional District Judge (Fast Track Court), Dehradun. 12. Accordingly, the Compounding Application (I.A. 2025:UHC:10341 No. 2 of 2025) is allowed. The entire proceedings of Sessions Trial No. 79 of 2025, “State vs. Imran Ahmad,” are hereby quashed. 13. The Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is accordingly disposed of. (Ashish Naithani, J.) 20.11.2025 Shiksha SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f2182 2fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B 5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.11.20 17:04:15 +05'30' 2025:UHC:10341