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2025 DAILYLAW 6376 (UTT)

SAMEER ANSARI v. STATE OF UTTARAKHAND

C528/621/2025 · 2025-06-23

Ashish Naithani

body2025

Judgment text

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2025:UHC:5269 SL. No . Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C-528 No. 621 of 2025 Hon’ble Ashish Naithani, J. Mr. Yogesh Kumar Sharma, learned counsel for the Applicants. 2. Mr. Akshay Latwal, learned A.G.A. for the State of Uttarakhand. 3. Ms. Sadaf, learned counsel for the Respondent Nos. 2 and 3. 4. The present Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of the Applicants-Sameer Ansari, Nadeem, Shan Mohammad, Farman alias Sonu, Salman, Shameem, and Meharban seeking quashing of the charge sheet dated 24.03.2025, the summoning/cognizance order dated 18.04.2025, and the entire proceedings of Criminal Case No. 1922 of 2025, “State vs. Sameer and Others”, for offences punishable under Sections 109, 191(2), 190, 115(2), and 352 of the Bharatiya Nyaya Sanhita, 2023, registered at Police Station Bahadrabad, District Haridwar, pending before the Court of the learned Chief Judicial Magistrate, District Haridwar. 5. Learned counsel for the Applicants submits that Applicant No. 1, Sameer Ansari, was arrested by the police and is presently in judicial custody. He further submits that on behalf of Applicant No. 1, his maternal uncle, Usman Ali, is conducting pairvi (representation). To this effect, Applicant No. 1 has signed an authority letter in favour of Usman Ali. 6. Along with the present application under Section 528, a joint Compounding Application (I.A. No. 1 of 2025) has been filed and signed by the parties, duly 2025:UHC:5269 supported by separate affidavits. 7. The Coordinate Bench of this Court, vide order dated 09.05.2025, directed the Secretary, District Legal Services Authority, District Haridwar, to file a report in this regard. The Secretary, District Legal Services Authority, District Haridwar has submitted a report stating that the parties have amicably settled the dispute and do not wish to pursue the matter against each other. 8. Shri Usman Ali, the maternal uncle of Applicant No. 1 (Sameer Ansari), Applicant Nos. 2 to 7, and Respondent Nos. 2 and 3 are present before the Court through video conferencing and are duly identified by their respective counsels. 9. The Court also interacted with Respondent Nos. 2 and 3 regarding the compromise. They fairly conceded that they have no objection if the compounding application is allowed. 10. Heard learned counsel for the parties and perused the material available on record. 11. In light of the legal principles laid down by the Hon’ble Apex Court in “Gian Singh vs. State of Punjab, (2012) 10 SCC 303”, and “Dimpey Gujral vs. Union Territory of Chandigarh”, Transfer Petition (Criminal) No. 115 of 2012, decided on 06.12.2012, this Court holds that criminal proceedings may be quashed if the matter has been amicably settled between the parties and they are inclined to restore peace and harmony. 12. Per contra, learned State Counsel raised a preliminary objection, stating that some of the offences sought to be compounded are non-compoundable. 13. Considering the overall facts and circumstances of the case, this Court is of the view that the ends of 2025:UHC:5269 justice would be met by quashing the entire proceedings of Criminal Case No. 1922 of 2025, “State vs. Sameer and Others”, for offences punishable under Sections 109, 191(2), 190, 115(2), and 352 of the B.N.S., 2023, registered at Police Station Bahadrabad, District Haridwar, pending before the Court of the learned Chief Judicial Magistrate, District Haridwar. 14. Accordingly, the Compounding Application is allowed. The entire proceedings of Criminal Case No. 1922 of 2025, “State vs. Sameer and Others”, for offences punishable under Sections 109, 191(2), 190, 115(2), and 352 of the B.N.S., 2023, registered at Police Station Bahadrabad, District Haridwar, and pending before the Court of the learned Chief Judicial Magistrate, District Haridwar, are hereby quashed. 15. Since the entire proceedings of Criminal Case No. 1922 of 2025, “State vs. Sameer and Others” have been quashed, Applicant No. 1, Sameer Ansari, who is presently in judicial custody, shall be released forthwith, if not required in any other case. 16. The Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is accordingly disposed of. (Ashish Naithani, J.) 23.06.2025 Shiksha SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fb d40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B528 3D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.06.23 14:36:41 +05'30' 2025:UHC:5269