Mohatseem And Others vs State Of Uttarakhand And Others

Alok Kumar Verma, J

The present Application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing the entire proceedings of Criminal Case No.1127 of 2021, “State Vs. Allahdiya and Others”, pending before the court of learned Judicial Magistrate/IInd Additional Civil Judge, Roorkee, District Haridwar under Sections 147, 148, 149, 452, 323, 324, 325, 308, 504 and Section 506 of the Indian Penal Code, 1860.

According to the First Information Report dated 09.10.2020, the applicants entered the house of the respondent no.2-informant on 07.10.2020 and beat the informant and respondent no.3 to respondent no.7.

Mr. Mohd. Safdar, learned counsel for the applicants-accused, Mr. Akshay Latwal, learned Assistant Government Advocate for the respondent no.1 and Mr. Faizan Ali, learned counsel for the respondent nos.2 to 7.

All the applicants are present through video conferencing. They are identified by Mr. Mohd. Safdar, Advocate. The respondent no.2 to respondent no.7, are present through video conferencing. They are identified by Mr. Faizan Ali, Advocate.

Applicants and the private respondents submitted that they are neighbors. There were private disputes between them. Their all the disputes have already been settled. Now, they are living happily and in harmony. The entire proceedings of the Cross Case (No.1128 of 2021) have already been quashed. They have filed a Compounding Application (IA No.01 of 2025) and affidavits with their free will and without any pressure.

The private respondents have requested to quash the entire proceedings of the said Criminal Case No.1127 of 2021.

Mr. Akshay Latwal, learned Assistant Government Advocate, has opposed the said request of the private respondents.

Considering the totality of the matter, this Court is of the view that ends of justice would be met if the entire proceedings of Criminal Case No.1127 of 2021, “State Vs. Allahdiya and Others”, pending before the court of learned Judicial Magistrate/IInd Additional Civil Judge, Roorkee, District Haridwar, are quashed qua the applicants.

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.1127 of 2021, “State Vs. Allahdiya and Others”, pending before the court of learned Judicial Magistrate/IInd Additional Civil Judge, Roorkee, District Haridwar, are hereby quashed qua the applicants.