MANOJ KUMAR ALIAS MANOJ RAJHANSH AND ORS v. STATE OF UTTARAKHAND
C528/909/2025 · 2025-06-20
Ashish Naithani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8082 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8082 (UTT) · dailylaw.ai ]
Judgment text
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2025:UHC:5193 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. 909 of 2025 Hon’ble Ashish Naithani, J.
Mr. Ravi Bisht, learned counsel for the Applicants. 2. Mr. Akshay Latwal, learned A.G.A. for the State of Uttarakhand. 3. Mr. Aayush Gaur, learned counsel for the Respondent No. 2. 4. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of the applicants-Manoj Kumar alias Manoj Rajhansh, Shekhar s/o Shri Suresh Kumar, Praveen Kumar s/o Ramakant Kushwaha, Pramod Kumar alias Pramod Rajhansh, and Shiva Balmiki s/o Shri Ram Singh, seeking quashing of the charge-sheet dated 08.06.2024, the summoning/cognizance order dated 24.09.2024, and the entire proceedings of Criminal Case No. 663 of 2024 (arising out of Case Crime No. 88 of 2014), “ State vs. Manoj Rajhansh and Others”, for the offence punishable under Sections 147, 148, 323, 325, and 504 of the IPC, pending before the Court of Civil Judge (Junior Division)/Judicial Magistrate, Bazpur, District Udham Singh Nagar. 5. In the present matter, respondent no. 2, Sachin Kumar Ruhela, lodged an FIR at Police Station Bazpur, District Udham Singh Nagar, alleging that on 15.02.2024, he, along with his father Shri Mahesh Chandra Ruhela, was travelling from their residence to Mandi Road, Bazpur, in his Wagon R car. At about 8:30 p.m., when they reached in front of Mohit Confectionery on Mandi Road, another car bearing registration no. UK-18-J-7522 hit their vehicle from behind. As a result, both the respondent no. 2 and his father sustained injuries. The occupants of the said car-Manoj Rajhansh, Pramod Rajhansh, Shekhar Rajhansh, and Praveen Kumar assaulted the complainant. 6. Along with the application under Section 528, a Compounding Application (I.A. No. 1 of 2025) has been filed,
2025:UHC:5193 duly signed by the parties and supported by separate affidavits of the Applicants and Respondent no. 2. Both the Applicants and Respondent no. 2 are present before this Court and have been duly identified by their respective counsel. 7. Though the injured person is not formally made a party to this application, an affidavit sworn by him is annexed with the Compounding Application. Respondent no. 2 has made an oral submission before this Court stating that he does not wish to pursue the matter any further, and a mutual settlement has been reached between the parties. 8.
Heard learned counsel for the parties and perused the material available on record. 9. In light of the legal principles laid down by the Hon’ble Apex Court in Gian Singh vs. State of Punjab, reported in (2012) 10 SCC 303, and in Transfer Petition (Criminal) No. 115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, this Court holds that criminal proceedings may be quashed if it is satisfied that the matter has been amicably settled between the parties and they are inclined to restore peace and harmony. 10. Per contra, learned State Counsel has formally objected to the quashing of offences alleged in the present case. 11. Considering the overall facts and circumstances of the case, this Court is of the view that the ends of justice would be met by quashing the entire proceedings of Criminal Case No. 663 of 2024 (arising out of Case Crime No. 88 of 2014), titled State vs. Manoj Rajhansh and Others, for the offences punishable under Sections 147, 148, 323, 325, and 504 IPC, pending before the Court of Civil Judge (Junior Division)/Judicial Magistrate, Bazpur, District Udham Singh Nagar. 12. Accordingly, the Compounding Application is allowed. The entire proceedings of Criminal Case No. 663 of 2024 (Case Crime No. 88 of 2014), titled State vs. Manoj
2025:UHC:5193 Rajhansh and Others, pending in the Court of Civil Judge (Junior Division)/Judicial Magistrate, Bazpur, District Udham Singh Nagar, are hereby quashed. 13. The Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is disposed of accordingly. (Ashish Naithani, J.) 20.06.2025 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=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.06.23 14:37:45 +05'30'