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Judgment
13 paragraphs · 405 wordsAlok Kumar Verma, J
This Application has been filed for quashing the entire proceedings of Sessions Trial No.08 of 2025, “State vs. Manoj Nath alias Pawan and Others”, pending before the court of learned Sessions Judge, Pithoragarh, District Pithoragarh under Sections 307, 452 and Section 120B of the Indian Penal Code, 1860.
According to the First Information Report, the applicants entered the house of the respondent no.2-informant on the night of 21/22.11.2023 and beat him, due to which he sustained injuries.
Mr. Amit Kapri, learned counsel for the applicants-accused.
Mr. Deepak Bhardwaj, learned Brief Holder for the respondent no.1.
Mr. Deep Prakash Bhatt, learned counsel for the respondent no.2- informant.
Applicants are present through video conferencing. They are identified by Mr. Amit Kapri, Advocate.
Respondent no.2 is present through video conferencing. He is identified by Mr. Deep Prakash Bhatt, Advocate.
The applicant no.3 is the wife of the respondent no.2. Both, the applicants and the respondent no.2 submitted that there were some private disputes between them and they have resolved their disputes. Now, 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 Sessions Trial No.8 of 2025.
The learned counsel for the respondent no.1 has opposed the request of the respondent no.2.
It is noticed that the applicant no.3 is the wife of the respondent no.2 and the parties have resolved their disputes. Now, 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 Sessions Trial No.08 of 2025, “State vs. Manoj Nath alias Pawan and Others”, pending before the court of learned Sessions Judge, Pithoragarh, District Pithoragarh, are quashed.
Resultantly, the present Application, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed and the entire proceedings of Sessions Trial No.08 of 2025, “State vs. Manoj Nath alias Pawan and Others”, pending before the court of learned Sessions Judge, Pithoragarh, District Pithoragarh, are hereby quashed.
