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2025 DAILYLAW 15091 (UTT)

KADIR ALI AND ANR v. STATE OF UTTARAKHAND

C528/1729/2025 · 2025-10-29

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:9531 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 29th OCTOBER, 2025 CRIMINAL MISCELLANEOUS APPLICATION NO. 1729 OF 2025 Kadir Ali and Another ..... Applicants Versus State of Uttarakhand and Others ..…Respondents Counsel for the Applicants : Mr. Priyanshu Gairola, Advocate. Counsel for the Respondent : Mrs. Sweta Badola Dobhal, No.1 Brief Holder. Counsel for the Respondent : Mr. Yogesh Kumar, Advocate. Nos. 2 to 5 Hon’ble Alok Kumar Verma,J. This Application has been filed for quashing the entire proceedings of Sessions Trial No. 10 of 2022, “State Vs. Kadir Ali and Another”, pending before the Court of Ist Additional District and Sessions Judge, Dehradun under Sections 307, 323, 504, 506 and Section 147 of the Indian Penal Code, 1860. 2. According to the First Information Report dated 26.06.2021, the respondent no.2 - the informant, respondent no.3 to respondent no.5 were beaten by the named four accused on 26.06.2021, due to which they suffered injuries. 3. Mr. Priyanshu Gairola, learned counsel for the 1 2025:UHC:9531 applicants. 4. Mrs. Sweta Badola Dobhal, learned Brief Holder for the respondent no.1. 5. Mr. Yogesh Kumar, learned counsel for the respondent no.2 to respondent no.5. 6. The applicants are present through video conferencing. They are identified by Mr. Priyanshu Gairola, Advocate. 7. The respondent no. 2 to respondent no.5 are present through video conferencing. They are identified by Mr. Yogesh Kumar, Advocate. 8. The respondent no.2 to respondent no.5 and the applicants submitted that they have resolved their private disputes and now, they are living peacefully and in harmony. They have filed a Compounding Application and affidavits with their free will and without any pressure. The respondent no. 2 to respondent no.5 have requested to quash the entire proceedings of the said Sessions Trial No. 10 of 2022. 9. The said request of the private respondents has been opposed by Mrs. Sweta Badola Dobhal, Brief Holder appearing for the respondent no.1 on the ground that Section 307 of the Indian Penal Code, 1860 is non- compoundable. 10. Considering the totality of the matter, this 2 2025:UHC:9531 Court is of the view that ends of justice would be met if the entire proceedings of Sessions Trial No. 10 of 2022, “State Vs. Kadir Ali and Another”, pending before the Court of Ist Additional District and Sessions Judge, Dehradun, 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 Sessions Trial No. 10 of 2022, “State Vs. Kadir Ali and Another”, pending before the Court of Ist Additional District and Sessions Judge, Dehradun, are hereby quashed. ___________________ ALOK KUMAR VERMA, J. Date: 29.10.2025 Shiv/ 3