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2025 DAILYLAW 9857 (UTT)

SHAHRUKH AND ANR v. STATE OF UTTARAKHAND

C528/1341/2025 · 2025-09-03

Alok Kumar Verma

Public Interest Litigationbody2025

Judgment text

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2025:UHC:7806 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 03RD SEPTEMBER, 2025 CRIMINAL MISCELLANEOUS APPLICATION NO. 1341 OF 2025 Shahrukh and Another ..... Applicants Versus State of Uttarakhand and Others ..…Respondents Counsel for the Applicants : Mr. Shariq Khurshid, Advocate. Counsel for the Respondent : Mr. Tumul Nainwal, No.1 Assistant Government Advocate. Counsel for the Respondent : Mr. Prince Chauhan, Nos. 2 & 3 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.2423 of 2021, “State vs. Shahrukh and Another”, pending before the Court of Judicial Magistrate/ IInd Additional Civil Judge, Kashipur, District Udham Singh Nagar under Section 354 of the Indian Penal Code, 1860. 2. Heard Mr. Shariq Khurshid, learned counsel for the applicants, Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent no.1 and Mr. 1 2025:UHC:7806 Prince Chauhan, learned counsel for the respondent no.2-informant-victim and for the respondent no.3- victim. 3. Both the applicants - accused are present in- person. They are identified by Mr. Shariq Khurshid, Advocate. 4. The respondent no.2 and the respondent no.3 are present in-person. They are identified by Mr. Prince Chauhan, Advocate. 5. Both, the applicants and the respondent no.2 and the respondent no.3 submitted that they have settled their private disputes and after resolving their disputes, they are living happily. They further submitted that 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 the respondent no.3 have requested to quash the entire proceedings of the said Criminal Case No.2423 of 2021. 6. The said request of the respondent no.2 and respondent no.3 has not been opposed by the respondent no.1. 7. Considering the totality of the matter, this Court is of the view that ends of justice would be met if 2 2025:UHC:7806 the entire proceedings of Criminal Case No.2423 of 2021, “State vs. Shahrukh and Another”, pending before the Court of Judicial Magistrate/ IInd Additional Civil Judge, Kashipur, District Udham Singh Nagar, are quashed. 8. 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.2423 of 2021, “State vs. Shahrukh and Another”, pending before the Court of Judicial Magistrate/ IInd Additional Civil Judge, Kashipur, District Udham Singh Nagar, are hereby quashed. ___________________ ALOK KUMAR VERMA, J. Date: 03.09.2025 Shiv/ 3