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2025 DAILYLAW 8356 (UTT)

MOHD NAEEM v. STATE OF UTTARAKHAND

C528/956/2025 · 2025-06-26

Ashish Naithani

body2025

Judgment text

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2025:UHC:5441 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. 956 of 2025 Hon’ble Ashish Naithani, J. Mr. Mohd. Safdar, learned counsel for the Applicant. 2. Mr. Prabhat Kandpal, learned Brief Holder for the State of Uttarakhand. 3. Mr. Faizan Ali, 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 Applicant- Mohd Naeem S/o Riyasat, against respondent nos. 1 and 2 Wasim S/o Noor Alam and Noor Alam S/o Jameel Hasan, respectively, seeking quashing of the charge sheet dated 04.04.2025, the summoning order dated 09.04.2025, and the entire proceedings of Sessions Trial No. 40 of 2025 (Case Crime No. 31 of 2025) for the offence punishable under Section 109(1) of the B.N.S., 2023, registered at Police Station Kotwali Manglaur, District Haridwar, pending before the Court of the learned Additional District and Sessions Judge, Roorkee, District Haridwar. 5. Along with the present application under Section 528, a joint Compounding Application (I.A. No. 1 of 2025) has also been filed, duly signed by the parties and supported by their separate affidavits, stating that they have entered into a compromise and jointly request that the matter be compounded. 6. Today, the Applicant- Mohd Naeem S/o Riyasat, is present in person before the Court and is duly identified by Mr. Mohd. Safdar, Advocate. Respondent No. 1- Wasim S/o Noor Alam, and Respondent No. 2- Noor 2025:UHC:5441 Alam S/o Jameel Hasan, are also present in person and are duly identified by Mr. Faizan Ali, Advocate. 7. As per the FIR, there are allegations of an attempt to murder; however, it appears that no grievous or vital injuries were sustained. 8. The Court also interacted with the Respondent Nos. 1 and 2. During the interaction, they stated that they do not wish to pursue the matter further and expressed no objection to the compounding application being allowed. 9. Heard learned counsel for the parties and perused the material available on record. 10. 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 where the matter has been amicably settled between the parties and they are inclined to restore peace and harmony. 11. Per contra, the learned State Counsel raised a preliminary objection, contending that the offence under Section 109(1) of the B.N.S., 2023, is non- compoundable. 12. Considering the overall facts and circumstances of the case, and particularly the fact that the parties have amicably resolved their differences, this Court is of the view that the ends of justice would be met by quashing the proceedings in Sessions Trial No. 40 of 2025 (Case Crime No. 31 of 2025), under Section 109(1) of the B.N.S., 2023, registered at Police Station Kotwali Manglaur, District Haridwar, pending before the Court of the learned Additional District and Sessions Judge, 2025:UHC:5441 Roorkee, District Haridwar. 13. Accordingly, the Compounding Application is allowed. The entire proceedings in Sessions Trial No. 40 of 2025 (Case Crime No. 31 of 2025), for the offence punishable under Section 109(1) of the B.N.S., 2023, registered at Police Station Kotwali Manglaur, District Haridwar, pending before the learned Additional District and Sessions Judge, Roorkee, District Haridwar, are hereby quashed. 14. The Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is accordingly disposed of. (Ashish Naithani, J.) 26.06.2025 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=3410ef86ae41ec9fbabcd5dba6b 3a2c24b5aa08b09c12f21822fbd40bf639b 1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C5279 6A542D7FF0A9BED00E67B5283D205F18F E29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.06.26 15:49:58 +05'30' 2025:UHC:5441