Parvej And Others vs State Of Uttarakhand And Another

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 Sessions Trial No.238 of 2023, “State vs. Parvej and two Others”, pending before the court of Additional Sessions Judge/FTSC, Rudrapur, District Udham Singh Nagar under Sections 323, 376 and Section 506 of the Indian Penal Code, 1860.

Heard Mr. Anoop Jaiswal, learned counsel for the applicants-accused, Mr. Pradeep Lohani, learned Brief Holder for the respondent no.1 and Mr. Vikramaditya Buddhist, learned counsel for the respondent no.2-informant/victim.

All the three applicants-accused are present in-person. They are identified by Mr. Anoop Jaiswal, Advocate. The respondent no.2, aged about 30 years, is present in-person. She is identified by Mr. Vikramaditya Buddhist, Advocate.

Applicants and the respondent no.2 submitted that they are neighbors. They have resolved their all the differences. Now, they are living happily, peacefully and in harmony. They have filed a Compounding Application (IA No.01 of 2026) and affidavits with their free will and without any pressure.

The respondent no.2 is requesting to quash the entire proceedings of the said Sessions Trial No.238 of 2023.

The said request of the respondent no.2 has been opposed by the learned counsel appearing for the State on the ground that the offence under Section 376 of the Indian Penal Code, 1860 is non-compoundable.

Though this Court would normally be hesitant to quash the proceedings under Section 376 of the Indian Penal Code, 1860, but, it is noticed that the applicants and the victim are living happily. 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, this Court is of the view that ends of justice would be met if the entire proceedings of Sessions Trial No.238 of 2023, “State vs. Parvej and Others”, pending before the court of Additional Sessions Judge/FTSC, Rudrapur, District Udham Singh Nagar, 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.238 of 2023, “State vs. Parvej and Others”, pending before the court of Additional Sessions Judge/FTSC, Rudrapur, District Udham Singh Nagar, are hereby quashed.