Extracted from the PDF above. The PDF is authoritative.
2025:UHC:11065 I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA 1 1 TH DECEMBER, 2 0 2 5
CRI MI NAL MI SCELLANEOUS APPLI CATI ON NO.2 2 0 5 of 2 0 2 5
Hasrat alias Chhanga
.....Applicant Versus
State of Uttarakhand and Another ..…Respondents
Counsel for the Applicant : Mr. Gaurav Singh,
Advocate. Counsel for the Respondent : Mr. Tumul Nainwal, No.1
Assistant Government
Advocate. Counsel for the Respondent : Mr. Susheel Kumar, No.2/ 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 Special Sessions Trial No.13 of 2017, “State Vs. Arshad and Others”, pending before the court of learned District and Sessions Judge, Haridwar under Sections 323, 504, 506 of the Indian Penal Code, 1860 and Section 3(1)(X) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 1
2025:UHC:11065 2 . Heard Mr. Gaurav Singh, learned counsel for the applicant-accused, Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent no.1 and Mr. Susheel Kumar, learned counsel for the respondent no.2-informant/ victim. 3 . A charge-sheet was filed against four accused. The present Application has been filed by one accused. Mr. Gaurav Singh, Advocate, has informed that three accused have already been discharged by the trial court. 4 . The applicant and the respondent no.2 are present through video conferencing. Applicant is identified by Mr. Gaurav Singh, Advocate and the respondent no.2 is identified by Mr. Susheel Kumar, Advocate. 5 . Both, the applicant and the respondent no.2 submitted that they have settled their all the disputes and after resolving their disputes, 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 Special Sessions Trial No.13 of 2017. 2
2025:UHC:11065 7 . The said request has not been opposed by the respondent no.1. 8 . Considering the totality of the matter, this Court is of the view that ends of justice would be met if the entire proceedings of Special Sessions Trial No.13 of 2017, “State Vs. Arshad and Others”, pending before the court of learned District and Sessions Judge, Haridwar, are quashed.
9 . Resultantly, the present Application, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed and the entire proceedings of Special Sessions Trial No.13 of 2017, “State Vs. Arshad and Others”, pending before the court of learned District and Sessions Judge, Haridwar, are hereby quashed. _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ ALOK KUMAR VERMA, J.
Dt: 11.12.2025 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=6f1c15b6305912b3f0 08e9a4a8038ee7326b08b2d0 e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779F B9677068452F32DE6BA960BF E64D819EE44CA9CCE487B2FE 0F92, cn=NEHA BISHT Date: 2025.12.11 18:19:07 +05'30'