Extracted from the PDF above. The PDF is authoritative.
2025:UHC:7654 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 28TH AUGUST, 2025
CRIMINAL MISCELLANEOUS APPLICATION NO. 1137 OF 2025 Ejaj Ahmad
..... Applicant Versus
State of Uttarakhand and Others ..…Respondents
Counsel for the Applicant
: Mr. Mani Kumar,
Advocate. Counsel for the Respondent : Mr. Himanshu Sain, No.1
Brief Holder. Counsel for the Respondent no.2/ : Mr. Manoj Bhatt, Informant and Respondent no.3/ Advocate. Injured
Hon’ble Alok Kumar Verma,J.
The present Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed to quash the entire proceedings of Sessions Trial No.210 of 2019, “State of Uttarakhand vs. Ejaj Ahmad”, pending before the court of IInd Additional Sessions Judge, Rudrapur, District Udham Singh Nagar under Section 307 and Section 504 of the Indian Penal Code, 1860. 2. Mr. Mani Kumar, learned counsel for the applicant, Mr. Himanshu Sain, learned Brief Holder for the respondent no.1 and Mr. Manoj Bhatt, learned counsel for 1
2025:UHC:7654 the respondent no.2-informant & the respondent no.3- injured. 3. Applicant is present in-person. He is identified by Mr. Mani Kumar, Advocate. 4. Satendra Kumar Yadav, the respondent no.2 – informant is present through video conferencing and the respondent no.3 Basant Yadav, the injured is present in- person. Both the respondents are identified by Mr. Manoj Bhatt, Advocate. 5. Mr. Mani Kumar, Advocate, submitted that the respondent no.2 and the respondent no.3 have not supported the case of the prosecution in their examination as PW1 and PW2. 6. The applicant and the private respondents submitted that they have settled their private disputes and filed a Compounding Application (IA No.1 of 2025) with their affidavits. They further submitted that they have filed the compounding application and affidavits with their free will and without any pressure. 7. The respondent no.2 and respondent no.3 have requested to quash the entire proceedings of the said Sessions Trial No.210 of 2019. 2
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8. The learned counsel for the State has submitted that the informant and the injured have not supported the case of the prosecution. 9. Considering the totality of the matter, this Court is of the view that ends of justice would be met if the entire proceedings of Sessions Trial No.210 of 2019, “State of Uttarakhand vs. Ejaj Ahmad”, pending before the court of IInd Additional Sessions Judge, Rudrapur, District Udham Singh Nagar, are quashed. 10.
Resultantly, the present Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and the entire proceedings of Sessions Trial No.210 of 2019, “State of Uttarakhand vs. Ejaj Ahmad”, pending before the court of IInd Additional Sessions Judge, Rudrapur, District Udham Singh Nagar, are hereby quashed. ___________________ Date: 28.08.2025 ALOK KUMAR VERMA, J. Pant/
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