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2025 DAILYLAW 16861 (UTT)

MOHD. DILSHAD AND ORS v. STATE OF UTTARAKHAND

C528/783/2024 · 2025-12-13

Daily Lok Adalat

body2025

Judgment text

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2025:UHC:11152 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ASHISH NAITHANI 13th DECEMBER, 2025 Before the National Lok Adalat CRIMINAL MISCELLANEOUS APPLICATION NO. 783 OF 2024 Mohd. Dilshad and Others ... Applicants Versus State of Uttarakhand and Another …Respondents Counsel for the Applicants : Ms. Stuti Pandey, Advocate holding brief of Mr. Ramji Shrivastava, Advocate. Counsel for the State : Mr. Rakesh Kumar Joshi, Brief Holder. Counsel for the Respondent : Mr. Siddhartha Sah, Advocate. Hon’ble Ashish Naithani,J. The present Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the Applicants/accused for quashing the charge-sheet dated 12.09.2021, the cognizance/summoning order dated 20.10.2021, and the entire proceedings of Criminal Case No. 5758 of 2021, “State vs. Dilshad and Others”, for the offences punishable under Sections 147, 308, 323, 352 and 1 Criminal Misc. Application No.783 of 2024, “Mohd. Dilshad and Others vs. State of Uttarakhand and Another - Ashish Naithani J. 2 2025:UHC:11152 504 IPC, pending before the Court of the learned Chief Judicial Magistrate, Dehradun. 2. Today, before the National Lok Adalat, Applicant Nos. 1 to 5 are present in person, and Applicant No. is present through video conferencing. They are identified by Ms. Stuti Pandey, Advocate. 3. Respondent No. 2/informant, Shri Wasid, is present in person. He is identified by Mr. Siddhartha Sah, Advocate. 4. Both the Applicants and Respondent No. 2 submitted that there were private disputes between them and, after resolving the same, they have filed a Compromise Application today. A Compounding Application along with their affidavits is on record. 5. Both the parties submitted that they have filed the Compounding Application of their own free will and without any pressure or coercion. 6. Both the parties have requested this Court to decide the present matter. 7. Learned counsel for the State submitted that the dispute between the parties was private in nature and has 2 Criminal Misc. Application No.783 of 2024, “Mohd. Dilshad and Others vs. State of Uttarakhand and Another - Ashish Naithani J. 3 2025:UHC:11152 been amicably resolved; therefore, the State has no objection to the Compounding and Compromise Applications. 8. After interacting with the parties and the learned counsel appearing for them, this Court finds it to be a fit case for compounding at this stage, subject to the identification by the learned counsel for the parties. 9. The Compromise Application is verified. 10. Keeping in view the totality of the facts and circumstances of the case, this Court is of the view that the ends of justice would be met if the charge-sheet dated 12.09.2021, the cognizance/summoning order dated 20.10.2021, and the entire proceedings of Criminal Case No. 5758 of 2021, “State vs. Dilshad and Others”, for the offences punishable under Sections 147, 308, 323, 352 and 504 IPC, pending before the Court of the learned Chief Judicial Magistrate, Dehradun, are quashed. 11. Resultantly, the charge-sheet dated 12.09.2021, the cognizance/summoning order dated 20.10.2021, and the entire proceedings of Criminal Case No. 5758 of 2021, “State vs. Dilshad and Others”, for the offences punishable under Sections 147, 308, 323, 352 and 504 IPC, pending 3 Criminal Misc. Application No.783 of 2024, “Mohd. Dilshad and Others vs. State of Uttarakhand and Another - Ashish Naithani J. 4 2025:UHC:11152 before the Court of the learned Chief Judicial Magistrate, Dehradun, are hereby quashed. 12. Accordingly, the Criminal Misc. Application (No. 783 of 2024), filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is disposed of. ___________________ ASHISH NAITHANI, J. Dt: 13TH December, 2025 Shiksha 4 Criminal Misc. Application No.783 of 2024, “Mohd. Dilshad and Others vs. State of Uttarakhand and Another - Ashish Naithani J.