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2025 DAILYLAW 9063 (UTT)

VISHAL GANDHI AND ORS v. STATE OF UTTARAKHAND

C528/1143/2025 · 2025-09-02

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:7761 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 02ND SEPTEMBER, 2025 CRIMINAL MISCELLANEOUS APPLICATION NO. 1143 OF 2025 Vishal Gandhi and Others ..... Applicants Versus State of Uttarakhand and Another ..…Respondents Counsel for the Applicants : Mr. Lalit Miglani, Advocate. Counsel for the Respondent : Mr. Tumul Nainwal, No.1 Assistant Government Advocate. Counsel for the Respondent : Mr. Pankaj Kumar Sharma, No.2 Advocate. Hon’ble Alok Kumar Verma,J. The present Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed for quashing the entire proceedings of Criminal Case No.1107 of 2021 (Old No. 1573 of 2019), “State vs. Vishal Gandhi and Others”, pending before the Court of Judicial Magistrate/ IInd Additional Civil Judge (Junior Division), Roorkee, District Haridwar under Sections 147, 504 and Section 506 of the Indian Penal Code, 1860. 2. Mr. Lalit Miglani, learned counsel for the applicants. 1 2025:UHC:7761 3. Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent no.1. 4. Mr. Pankaj Kumar Sharma, learned counsel for the respondent no.2. 5. The informant Vipin Pratap Gautam has died. The respondent no.2 is the son of the informant. 6. All the applicants are present through video conferencing. They are identified by Mr. Lalit Miglani, Advocate. 7. The respondent no.2 is present through video conferencing. He is identified by Mr. Pankaj Kumar Sharma, Advocate. 8. Both, the applicants and the respondent no.2 submitted that they have settled their disputes amicably and after resolving their disputes, they have filed a Compounding Application (IA No.1 of 2025) and affidavits with their free will and without any pressure. The respondent no.2 has requested to quash the entire proceedings of the said Criminal Case No.1107 of 2021 (Old No. 1573 of 2019). 9. The said request of the respondent no.2 has not been opposed by the respondent no.1. 10. Considering the totality of the matter, this Court is of the view that ends of justice would be met if 2 2025:UHC:7761 the entire proceedings of Criminal Case No.1107 of 2021 (Old No. 1573 of 2019), “State vs. Vishal Gandhi and Others”, pending before the Court of Judicial Magistrate/ IInd Additional Civil Judge (Junior Division), Roorkee, District Haridwar, are quashed. 11. Resultantly, the present Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and the entire proceedings of Criminal Case No.1107 of 2021 (Old No. 1573 of 2019), “State vs. Vishal Gandhi and Others”, pending before the Court of Judicial Magistrate/ IInd Additional Civil Judge (Junior Division), Roorkee, District Haridwar, are hereby quashed. ___________________ ALOK KUMAR VERMA, J. Date: 02.09.2025 Shiv/ 3