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2025 DAILYLAW 7791 (UTT)

VANSH NARULLA v. STATE OF UTTARAKHAND

C528/844/2025 · 2025-07-04

Ashish Naithani

body2025

Judgment text

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2025:UHC:5729 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. 844 of 2025 Hon’ble Ashish Naithani, J. Mr. Akshay Pradhan, learned counsel for the Applicant. 2. Ms. Manisha Rana Singh, learned Deputy Advocate General for the State of Uttarakhand. 3. Mr. Shashank Pandey, learned counsel for the Respondent No. 2 through video conferencing. 4. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the Applicant-Vansh Narulla, seeking the quashing of the charge sheet dated 12.07.2021, the summoning order/cognizance dated 14.03.2023, and the entire proceedings of Criminal Case No. 571 of 2023, titled “State vs. Vansh Narulla”, for offences punishable under Sections 279, 338, and 304A of the Indian Penal Code, 1860, pending before the learned Additional Chief Judicial Magistrate, Roorkee, District Haridwar. 5. 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 supported by their respective affidavits, wherein it is stated that the parties have entered into a compromise and have requested that, in light of the same, the matter may be compounded. 6. Today, Applicant No. 1 – Vansh Narulla is present in person before the Court and is duly identified by Mr. Akshay Pradhan, Advocate. Respondent No. 2 – Aslam, son of Late Rahimulla, is also present in person before the Court and is duly identified by Mr. Shashank Pandey, Advocate. 2025:UHC:5729 7. The Court also interacted with Respondent No. 2. During the interaction, he stated that he does not wish to pursue the matter any further. He fairly conceded that he has no objection if the Compounding Application is allowed. 8. Per contra, the learned State Counsel raised a preliminary objection, contending that some of the offences involved are non-compoundable. She further submitted that the deceased- Mohd. Akram, died in a road accident, and that the wife and son of the deceased should be impleaded as parties before the matter can be heard. 9. However, Respondent No. 2 -Aslam, who claims to be the brother of the deceased-Mohd. Akram, made a statement that his late brother had divorced his wife, who has been residing separately in Delhi along with the child, well before the accident. He further stated that he does not wish to pursue the matter as the parties have reached a compromise. He also submitted that the wife and son of the deceased have no connection with the proceedings, as they did not participate in the last rites of the deceased and have not been involved in any part of the proceedings mentioned above. 10. After hearing the parties and perusing the record, the Court finds sufficient grounds to allow the compounding application, subject to the filing of an affidavit by Respondent No. 2 today itself. 11. An affidavit by Respondent No. 2 – Aslam has been taken on record by the Court. 12. In light of the legal principles laid down by the Hon’ble Supreme Court in Gian Singh vs. State of Punjab, (2012) 10 SCC 303, and Dimpey Gujral vs. Union Territory of Chandigarh, Transfer Petition 2025:UHC:5729 (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. 13. Considering the overall facts and circumstances of the case, this Court is of the view that the ends of justice would be served by quashing the entire proceedings of Criminal Case No. 571 of 2023, “State vs. Vansh Narulla”, for offences punishable under Sections 279, 338, and 304A of the Indian Penal Code, 1860, pending before the learned Additional Chief Judicial Magistrate, Roorkee, District Haridwar. 14. Accordingly, the Compounding Application is allowed. The entire proceedings of Criminal Case No. 571 of 2023, “State vs. Vansh Narulla”, for offences under Sections 279, 338, and 304A of the Indian Penal Code, 1860, pending before the learned Additional Chief Judicial Magistrate, Roorkee, District Haridwar, are hereby quashed. 15. The Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is accordingly disposed of. (Ashish Naithani, J.) 04.07.2025 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=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.07.05 12:45:19 +05'30' 2025:UHC:5729