Extracted from the PDF above. The PDF is authoritative.
2025:UHC:7581 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA
27TH AUGUST, 2025
CRIMINAL MISCELLANEOUS APPLICATION NO. 1330 OF 2025
Junaid Khan and Another
..... Applicants
Versus
State of Uttarakhand and Another ..…Respondents
Counsel for the Applicants : Mr. Lalit Sharma,
Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, No.1
Brief Holder. Counsel for the Respondent no.2/ : Ms. Sameeksha Negi, Informant- victim
Advocate. Hon’ble Alok Kumar Verma,J.
The present Application has been filed under Section 528 of the Bharatiya Nagarik Suraksh Sanhita, 2023 to quash the entire proceedings of Sessions Trial No.02 of 2023, “State vs. Junaid Khan and Another”, pending before the court of Ist Additional Sessions Judge, Nainital under Sections 366, 120B, 420, 466, 467, 468, 469 and Section 471 of the Indian Penal Code, 1860. 2. Heard Mr. Lalit Sharma, learned counsel for the applicants, Mr. Pradeep Lohani, learned Brief Holder for the respondent no.1 and Ms. Sameeksha Negi, learned counsel for the respondent no.2/ informant/ victim. 3. The applicant no.1 – Junaid Khan and the applicant no.2 – Sahid Saifi are present in-person before 1
2025:UHC:7581 this Court. They are identified by Mr. Lalit Sharma, Advocate. 4. The respondent no.2/victim – Smt. Aisha alias Shweta Bisht is present through video conferencing. She is identified by Ms. Sameeksha Negi, Advocate. 5. Mr. Lalit Sharma, Advocate, submitted that Mohd. Danish and the victim solemnized their marriage on
19.04.2018. The brother of the respondent no.2 lodged the First Information Report alleging that her sister, the respondent no.2, was abducted by Mohd. Danish. The case of the husband of the respondent no.2 was that the respondent no.2 is his wife and the marriage was solemnized through a Nikahnama. The entire proceedings of Sessions Trial No.52 of 2018, against Mohd. Danish, has already been quashed in an Application, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (C528 No.159 of 2025). 6. Heard on the Compounding Application (IA No.1 of 2025), filed by the applicants and the respondent no.2. 7. The applicants are witnesses to the said Nikahnama. 8. Both, the applicants and the respondent no.2 have submitted that they have filed the compounding application and affidavits with their free will and without any pressure. 9. The respondent no.2 has requested to quash the 2
2025:UHC:7581 entire proceedings of Sessions Trial No.2 of 2023. 10.
The said request has not been opposed by the State. 11. 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.02 of 2023, “State vs. Junaid Khan and Another”, pending before the court of Ist Additional Sessions Judge, Nainital, are quashed. 12. 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.02 of 2023, “State vs. Junaid Khan and Another”, pending before the court of Ist Additional Sessions Judge, Nainital, are hereby quashed. ___________________ Date: 27.08.2025 ALOK KUMAR VERMA, J. Pant/
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