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2025 DAILYLAW 16051 (UTT)

RAJESH KUMAR v. STATE OF UTTARAKHAND

C528/2296/2025 · 2025-12-24

Alok Kumar Verma

Public Interest Litigationbody2025

Judgment text

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2025:UHC:11599 I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA 2 4 TH DECEMBER, 2 0 2 5 CRI MI NAL MI SCELLANEOUS APPLI CATI ON NO.2 2 9 6 of 2 0 2 5 Rajesh Kumar ..... Applicant Versus State of Uttarakhand and Others ..…Respondents Counsel for the Applicant : Ms. Medha Pande, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Nos.1 and 2 Brief Holder. Counsel for the Respondent no.3- : Mr. Apoorv Chauhan, informant/ victim Advocate. Hon ’ble Alok Ku m ar Ver m a,J. This is an Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 2 . Ms. Medha Pande, learned counsel for the applicant-accused, Mr. Pradeep Lohani, learned Brief Holder for the respondent nos.1 & 2 and Mr. Apoorv Chauhan, learned counsel for the respondent no.3- informant/ victim. 3 . Ms. Medha Pande, Advocate, has submitted that the present Application has been filed for quashing the entire proceedings of Sessions Trial No.56 of 2025, “State vs. Rajesh”, pending before the court of learned Additional Sessions Judge/ Fast Track Special Court, 1 2025:UHC:11599 Rudrapur, District Udham Singh Nagar under Section 354A, Section 376 read with Section 511 and Section 506 of the Indian Penal Code, 1860. 4 . Applicant-accused is present in-person. He is identified by Ms. Medha Pande, Advocate. The respondent no.3 is present in-person. She is identified by Mr. Apoorv Chauhan, Advocate. 5 . Both, applicant and the respondent no.3 submitted that they have resolved their all the differences and after resolving their differences they are living happily. They have filed a Compounding Application (IA No.01 of 2025) and affidavits with their free will and without any pressure. 6 . The respondent no.3, aged about 48 years, has requested to quash the entire proceedings of the said Sessions Trial No.56 of 2025. 7 . Mr. Pradeep Lohani, learned Brief Holder, has opposed the said request on the ground that the offence under Section 376 read with Section 511 is non-compoundable. 8 . Having heard. It is noticed that the applicant and the victim have resolved their differences and now they are living happily. In these circumstances, in case, the proceedings are allowed to continue, it would 2 2025:UHC:11599 amount to denial of complete justice to the parties. Therefore, it is a case, in which the inherent jurisdiction of this Court should be exercised to do real and substantial justice. 9 . Considering the totality of the matter, this Court is of the view that ends of justice would be met if the entire proceedings of Sessions Trial No.56 of 2025, “State vs. Rajesh”, pending before the court of learned Additional Sessions Judge/ Fast Track Special Court, Rudrapur, District Udham Singh Nagar under, are quashed. 1 0 . 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.56 of 2025, “State vs. Rajesh”, pending before the court of learned Additional Sessions Judge/ Fast Track Special Court, Rudrapur, District Udham Singh Nagar under, are hereby quashed. _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ ALOK KUMAR VERMA, J. Dt: 24.12.2025 Neha 3 NEHA BISHT Digitally signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a803 8ee7326b08b2d0e018b01be753f014836d2 7, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB967706845 2F32DE6BA960BFE64D819EE44CA9CCE487 B2FE0F92, cn=NEHA BISHT Date: 2025.12.24 18:19:13 +05'30'