2025:UHC:7061 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. 1174 of 2025 Hon’ble Ashish Naithani, J. Mr. Bhupesh Kandpal, learned counsel for the Applicant. 2. Mr. N.S. Kanyal, learned A.G.A. for the State of Uttarakhand. 3. Mr. Abdul Ali, learned counsel for the Respondent Nos. 2 to 4. 4. The present Criminal Misc. Application No. 1174 of 2025, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been moved with a prayer to quash the impugned order dated 27.05.2025, passed by the learned Additional District and Sessions Judge, Kotdwar, District Pauri Garhwal, in Sessions Trial No. 09 of 2025, titled “State vs. Akshay Kumar and Another”, whereby the learned Trial Court has framed charges against the Applicant under Sections 3(5), 109, and 126(2) of the B.N.S., 2023, and Section 30 of the Arms Act, 1959, in connection with FIR No. 0244 of 2024, dated 24.09.2024, registered at Police Station Kotwali, Kotdwar, District Pauri Garhwal. The prayer is based on a compromise entered into between the parties. 5. Along with the present Criminal Misc. Application, a Compounding Application (IA No. 01 of 2025, Paper No. 63) has been filed, duly endorsed by the respective counsels -Mr. Bhupesh Kandpal, learned counsel for the Applicant, and Mr. Abdul Ali, learned counsel for Respondent Nos. 2 to 4. The said application bears the signatures of the parties. Respondent Nos. 3 and 4 -Amit Negi and Jashpal 2025:UHC:7061 Singh are present along with their counsel and have been identified by Mr. Abdul Ali, Advocate. The Applicant- Akshay Kumar, is also present before this Court and has been duly identified by Mr. Bhupesh Kandpal, Advocate. 6. It is submitted that Respondent No. 4 is the complainant who is alleged to have made a distress call to the police for assistance, while Respondent No. 3- Amit Negi is stated to be the injured party. The Applicant, who, as per his learned counsel, is a national-level athlete, is reported to have opened fire on 24.09.2024. 7. Though the learned State Counsel strongly objects to the Compounding Application, contending that the present matter falls outside the purview of a compoundable offence — especially since Respondent No. 2, the then SHO, Mr. Vinod Kumar Chaprana, being a police officer, technically cannot withdraw a criminal complaint. 8. This Court is of the opinion that the matter relates primarily to the private parties involved in the incident. Upon perusal of the records, sufficient grounds are found for allowing the compromise. 9. Considering the overall facts and circumstances of the case, this Court is of the view that the ends of justice would be served by quashing the impugned order dated 27.05.2025, passed by the learned Additional District and Sessions Judge, Kotdwar, District Pauri Garhwal, in Sessions Trial No. 09 of 2025, “State vs. Akshay Kumar and Another.” 10. Accordingly, the Compounding Application is allowed. The entire proceedings of Sessions Trial No. 09 of 2025 and the impugned order dated 2025:UHC:7061 27.05.2025, passed by the learned Additional District and Sessions Judge, Kotdwar, District Pauri Garhwal, in Sessions Trial No. 09 of 2025, “State vs. Akshay Kumar and Another”, are hereby quashed qua the present Applicant. 11. The Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is accordingly disposed of. (Ashish Naithani, J.) 11.08.2025 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: 2025.08.12 16:49:03 +05'30' 2025:UHC:7061