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2026 DAILYLAW 4168 (UTT)

IRFAN v. STATE OF UTTARAKHAND

C528/78/2026 · 2026-01-10

Alok Kumar Verma

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:487 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 10th JANUARY, 2026 CRIMINAL MISCELLANEOUS APPLICATION NO. 78 OF 2026 Irfan ... Applicant Versus State of Uttarakhand and Another ..…Respondents Counsel for the Applicant : Mr. Akshay Pradhan, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief No.1 Holder. Counsel for the Respondent : Mr. Shashank Pandey, Advocate No. 2 (through video conferencing). Hon’ble Alok Kumar Verma,J. This Application has been filed for quashing the entire proceedings of Sessions Trial No.166 of 2023, “State Vs. Irfan”, pending before the Court of learned Ist Additional District and Sessions Judge, Roorkee, District Haridwar under Section 307 of the Indian Penal Code, 1860. 2. Mr. Akshay Pradhan, learned counsel for the applicant-accused. 3. Mr. Pradeep Lohani, learned Brief Holder for the respondent no.1. 4. Mr. Shashank Pandey, learned counsel for the respondent no.2-injured. 5. According to the respondents, the respondent no.2 was shot which hit his thigh. The First Information 1 2026:UHC:487 Report was registered against the unknown person. 6. Applicant-accused is present through video conferencing. He is identified by Mr. Akshay Pradhan, Advocate. 7. The respondent no.2-injurned is present in- person. He is identified by Mr. Shashank Pandey, Advocate. 8. Mr. Akshay Pradhan, Advocate, has contended that the respondent no.2-injured has not supported the case of the prosecution. 9. Applicant and the respondent no.2 have submitted that they were neighbors. There were private disputes between them. They have resolved their all the differences and after resolving their differences, they are living peacefully, happily and in harmony. Therefore, they have filed a Compounding Application (IA No. 1 of 2026) and affidavits with their free will and without any pressure. The respondent no.2 has submitted that he does not want to pursue the said Sessions Trial No.166 of 2023. He is requesting to quash the entire proceedings of the said Sessions Trial No.166 of 2023. 10. Mr. Pradeep Lohani, Brief Holder, has opposed the said request of the private respondent. 11. Applicant and the private respondent have settled their disputes. Now, they are living peacefully, 2 2026:UHC:487 happily and in harmony. In these circumstances, in case, the proceedings are allowed to continue, it would amount to denial of complete justice to the parties. Therefore, it is a case, in which the inherent jurisdiction of this Court should be exercised to do real and substantial justice. 12. Considering the totality of the matter, the present Application, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed and the entire proceedings of Sessions Trial No.166 of 2023, “State Vs. Irfan”, pending before the Court of learned Ist Additional District and Sessions Judge, Roorkee, District Haridwar, are hereby quashed. ___________________ ALOK KUMAR VERMA, J. Date: 10.01.2026 Shiv 3