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Judgment
14 paragraphs · 463 wordsAlok Kumar Verma, J
This Application has been filed for quashing the entire proceedings of Criminal Case No. 2908 of 2016, “State Vs. Gurjant Randhawa and Others”, pending before the Court of Judicial Magistrate / Civil Judge (Junior Division), Bajpur, District Udham Singh Nagar under Sections 147, 148, 149, 307 of the Indian Penal Code, 1860 and under Section 7 of the Criminal Law Amendment Act, 1932.
The First Application (No.1673 of 2018) was filed under Section 482 of the Code of Criminal Procedure, 1973. The said Application was dismissed as withdrawn on 18.12.2025 granting liberty to the applicants to file afresh.
According to the First Information Report dated 22.03.2016, the incident took place on 21.03.2016 at around 8:45 p.m. Applicants beat the respondent no.2-informant with deadly weapons. They opened fire, although the fire did not hit him. Their act created a panic in the market.
Mr. S.R.S. Gill, learned counsel for the applicants-accused.
Mrs. Sweta Badola Dobhal, learned Brief Holder for the respondent no.1.
Mr. Kundan Singh, learned counsel for the respondent no.2-informant-injured.
Applicants are present in-person. They are identified by Mr. S.R.S. Gill, Advocate.
The respondent no.2 is present in-person. He is identified by Mr. Kundan Singh, Advocate.
Applicants and respondent no.2 have submitted that they were friends. They have settled all their differences. Now, they have become friends again and they are living 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 applicants and the respondent no.2 are requesting to quash the entire proceedings of the said Criminal Case No.2908 of 2016.
Mrs. Sweta Badola Dobhal, Brief Holder, has opposed the request of the applicants and the private respondent.
Admittedly, the present criminal case was quashed qua the co-accused Navdeep Kang alias Sonu, Upkar Singh and Hardayal Singh in Criminal Miscellaneous Application No.1261 of 2018.
The said Criminal Case is pending since 2016. Applicants and the respondent no.2 were friends. They have resolved their differences and, now, there is a friendship between them. 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.
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 Criminal Case No. 2908 of 2016, “State Vs. Gurjant Randhawa and Others”, pending before the Court of Judicial Magistrate / Civil Judge (Junior Division), Bajpur, District Udham Singh Nagar, are hereby quashed qua the applicants.
