Kartik Rajwar And Others vs State Of Uttarakhand And Another

Alok Kumar Verma, J

This Application has been filed for quashing the entire proceedings of Criminal Case No.1668 of 2025, pending before the court of learned Judicial Magistrate/ Ist Additional Civil Judge (Junior Division), Haldwani, District Nainital under Sections 109, 191(1), 192(2), 191(3), 351(2), 351(3), Section 352 of the Bharatiya Nyaya Sanhita, 2023 and Section 3 read with Section 25 of the Arms Act, 1959.

According to the First Information Report, the applicants assaulted the respondent no.2-informant. Fire was also opened, but it did not hit him.

Mr. Gulshan Pandey, learned counsel for the applicants-accused.

Mrs. Sweta Badola Dobhal, learned Brief Holder for the respondent no.1.

Mr. Rajesh Chandra Kandpal, learned counsel for the respondent no.2- informant.

Applicant no.1 is present through video conferencing and the applicant nos.2 to 10 are present in-person before this Court. They are identified by Mr. Gulshan Pandey, Advocate.

Respondent no.2 is present through video conferencing. He is identified by Mr. Rajesh Chandra Kandpal, Advocate.

Both, the applicants and the respondent no.2 submitted that they are local persons. There were differences between them. They have settled their disputes and after resolving their disputes, they are living happily and in harmony. 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 requested to quash the entire proceedings of the said Criminal Case No.1668 of 2025.

The learned counsel for the respondent no.1 has opposed the request of the respondent no.2.

It is noticed that the parties have settled their disputes and after resolving their disputes, they are living 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.

Therefore, ends of justice would be met if the entire proceedings of Criminal Case No.1668 of 2025, pending before the court of learned Judicial Magistrate/ Ist Additional Civil Judge (Junior Division), Haldwani, District Nainital, are quashed.

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.1668 of 2025, pending before the court of learned Judicial Magistrate/ Ist Additional Civil Judge (Junior Division), Haldwani, District Nainital, are hereby quashed.