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2026 DAILYLAW 497 (UTT)

JAI PRAKASH MISHRA v. STATE OF UTTARAKHAND

C528/34/2026 · 2026-01-08

Alok Kumar Verma

body2026

Judgment text

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2026:UHC:343 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 08th JANUARY, 2026 CRIMINAL MISCELLANEOUS APPLICATION NO. 34 of 2026 Dr. Jai Prakash Mishra ..... Applicant Versus State of Uttarakhand and Another ..…Respondents Counsel for the Applicant : Mr. Pooran Singh Rawat, Advocate. Counsel for the Respondent : Mr. Deepak Bhardwaj, Brief No.1 Holder. Counsel for the Respondent : Mr. Abhishek Singh Rawat, No.2 – Informant-injured Advocate. Hon’ble Alok Kumar Verma,J. This Application has been filed for quashing the entire proceedings of Criminal Case No.926 of 2022, “State vs. Jai Prakash Mishra”, pending before the court of learned Additional Chief Judicial Magistrate/ Ist Additional Civil Judge (Senior Division), Rudrapur, District Udham Singh Nagar under Sections 323, 452 and Section 506 of the Indian Penal Code, 1860. 2. Mr. Pooran Singh Rawat, learned counsel for the applicant-accused. 3. Mr. Deepak Bhardwaj, learned Brief Holder for the respondent no.1. 1 2026:UHC:343 4. Mr. Abhishek Singh Rawat, learned counsel for the respondent no.2 – informant - injured. 5. Applicant is present through video conferencing. He is identified by Mr. Pooran Singh Rawat, Advocate. 6. Respondent no.2 is present through video conferencing. She is identified by Mr. Abhishek Singh Rawat, Advocate. 7. Both, the applicant and respondent no.2, aged about 78 & 88 years respectively, submitted that they are neighbours. The entire proceedings of the cross case have already been quashed by this Court. 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 is requesting to quash the entire proceedings of the said Criminal Case No.926 of 2022. 8. Mr. Deepak Bhardwaj, Brief Holder has opposed the said request on the ground that the offence under Section 452 of the Indian Penal Code, 1860 is non- compoundable. 9. Having heard, ends of justice would be met if the entire proceedings of Criminal Case No.926 of 2022, “State vs. Jai Prakash Mishra”, pending before the court of learned Additional Chief Judicial Magistrate/ Ist Additional Civil 2 2026:UHC:343 Judge (Senior Division), Rudrapur, District Udham Singh Nagar, are quashed. 10. The present Application, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed and the entire proceedings Criminal Case No.926 of 2022, “State vs. Jai Prakash Mishra”, pending before the court of learned Additional Chief Judicial Magistrate/ Ist Additional Civil Judge (Senior Division), Rudrapur, District Udham Singh Nagar, are hereby quashed. ___________________ ALOK KUMAR VERMA, J. Date : 08.01.2026 Pant/ 3