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2025 DAILYLAW 16199 (UTT)

VISHNU ARORA AND ORS v. STATE OF UTTARAKHAND

C528/2087/2025 · 2025-12-29

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:11610 I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA 2 9 TH DECEMBER, 2 0 2 5 CRI MI NAL MI SCELLANEOUS APPLI CATI ON NO.2 0 8 7 of 2 0 2 5 Vishnu Arora and Others .....Applicants Versus State of Uttarakhand and Another ..…Respondents Counsel for the Applicants : Mr. Gaurav Singh, Advocate through video conferencing. Counsel for the Respondent : Mr. Akshay Latwal, No.1 Assistant Government Advocate. Counsel for the Respondent no.2- : Mr. Susheel Kumar, informant/ victim Advocate. Hon ’ble Alok Ku m ar Ver m a,J. The present Application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing the entire proceedings of Criminal Case No.2448 of 2024, “State vs. Vishnu Arora and Others”, pending before the court of Chief Judicial Magistrate, Haridwar under Section 387 of the Indian Penal Code, 1860. 2 . According to the First Information Report dated 06.08.2022, on 05.08.2022, applicant-Vishnu Arora demanded Rs.5,000/ - from the informant- respondent no.2. Vishnu Arora was intoxicated at that time. When the informant refused to pay the money, the applicants beat him. 1 2025:UHC:11610 3 . Heard Mr. Gaurav Singh, learned counsel for the applicants-accused, Mr. Akshay Latwal, learned Assistant Government Advocate for the respondent no.1 and Mr. Susheel Kumar, learned counsel for the respondent no.2-informant/ victim. 4 . All the applicants are present through video conferencing. They are identified by Mr. Gaurav Singh, Advocate. The respondent no.2 is present through video conferencing. He is identified by Mr. Susheel Kumar, Advocate. 5 . Both, applicants and the respondent no.2 submitted that the applicant no.1 and the respondent no.2 are neighbors. Applicants and the respondent no.2 have settled all their differences and after resolving their differences, they are living happily and in harmony. 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.2 has requested to quash the entire proceedings of the said Criminal Case No.2448 of 2024. 7 . The said request of the respondent no.2 has been opposed by the learned counsel appearing for the State. 8 . In the facts and circumstances, it is noticed 2 2025:UHC:11610 that the applicants and the respondent no.2 have settled their differences and now they are living happily. In these circumstances, in case, the proceedings are allowed to continue, it would 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 Criminal Case No.2448 of 2024, “State vs. Vishnu Arora and Others”, pending before the court of Chief Judicial Magistrate, Haridwar, 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 Criminal Case No.2448 of 2024, “State vs. Vishnu Arora and Others”, pending before the court of Chief Judicial Magistrate, Haridwar, are hereby quashed. _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ ALOK KUMAR VERMA, J. Dt: 29.12.2025 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=6f1c15b6305912b3 f008e9a4a8038ee7326b08b 2d0e018b01be753f014836d 27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC3377 9FB9677068452F32DE6BA96 0BFE64D819EE44CA9CCE48 7B2FE0F92, cn=NEHA BISHT Date: 2025.12.29 18:22:10 +05'30'