Extracted from the PDF above. The PDF is authoritative.
2025:UHC:7760 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA
02ND SEPTEMBER, 2025
CRIMINAL MISCELLANEOUS APPLICATION NO. 1142 OF 2025
Mamtesh Sharma and Others
..... Applicants
Versus
State of Uttarakhand and Another
..…Respondents
Counsel for the Applicants : Mr. Pankaj Kumar Sharma,
Advocate. Counsel for the Respondent : Mr. Tumul Nainwal, No.1
Assistant Government Advocate. Counsel for the Respondent : Mr. Lalit Miglani, No.2 and injured persons. 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.348 of 2020 (Old No. 2384 of 2018),
“State vs. Mamtesh Sharma and Others”, pending before the Court of Judicial Magistrate/ IInd Additional Civil Judge (Junior Division), Roorkee, District Haridwar under Sections 147, 148 and Section 323 of the Indian Penal Code, 1860. 2. Mr. Pankaj Kumar Sharma, learned counsel for the applicants. 1
2025:UHC:7760
3. Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent no.1. 4. Mr. Lalit Miglani, learned counsel for the respondent no.2 and for all the injured persons. 5. One co-accused Vipin Gautam has died. 6. All the applicants-accused are present through video conferencing. They are identified by Mr. Pankaj Kumar Sharma, Advocate. 7. The respondent no.2-informant and all the injured Maneesh Kumar, Reeta, Naina, Sonam and Priyanka are present through video conferencing. They are identified by Mr. Lalit Miglani, Advocate. 8. Both, the applicants, the respondent no.2 and all the injured persons submitted that they have settled their private disputes 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 and all the injured have requested to quash the entire proceedings of the said Criminal Case No.348 of 2020 (Old No. 2384 of 2018). 9. The said request 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:7760 the entire proceedings of Criminal Case No.348 of 2020 (Old No. 2384 of 2018), “State vs. Mamtesh Sharma 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.348 of 2020 (Old No. 2384 of 2018),
“State vs. Mamtesh Sharma 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/
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