AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
11 paragraphs · 330 wordsAlok 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.
Mr. Pooran Singh Rawat, learned counsel for the applicant-accused.
Mr. Deepak Bhardwaj, learned Brief Holder for the respondent no.1.
Mr. Abhishek Singh Rawat, learned counsel for the respondent no.2 – informant - injured.
Applicant is present through video conferencing. He is identified by Mr. Pooran Singh Rawat, Advocate.
Respondent no.2 is present through video conferencing. She is identified by Mr. Abhishek Singh Rawat, Advocate.
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.
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.
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 Judge (Senior Division), Rudrapur, District Udham Singh Nagar, are quashed.
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.