Sakum And Others vs State Of Uttarakhand And Others

Alok Kumar Verma, J

This Application has been filed for quashing the entire proceedings of Criminal Case No. 82 of 2025, “State Vs. Sakum and three Others”, pending before the Court of Judicial Magistrate / IInd Additional Civil Judge, Roorkee, District Haridwar under Sections 109, 115(2), 351(3) and Section 352 of the Bharatiya Nyaya Sanhita, 2023.

According to the First Information Report dated 22.02.2025, the applicants beat the respondent no.3, the nephew of the informant, with lathi and iron rod on 21.02.2025, in which he sustained injuries.

The respondent no.3, aged about 17 years and 11 months, is being represented by his father Sumit Sharma.

Mr. Bharat Singh, learned counsel for the applicants-accused.

Mr. Pradeep Lohani, learned Brief Holder for the respondent no.1.

Ms. Pooja Rana, learned counsel appearing for the respondent no.3, who is represented by his father Sumit Sharma.

Applicants are identified by Mr. Bharat Singh, Advocate.

Respondent no.2-informant is present through video conferencing and the respondent no.3-Udhay Sharma and his father Sumit Sharma are present in-person. They are identified by Ms. Pooja Rana, Advocate.

The applicants, the respondent no.2 and Sumit Sharma submitted that they have settled all their disputes and after resolving their disputes, they are living happily and in harmony. They have filed a Compounding Application (IA No. 1 of 2025) and affidavits with their free will and without any pressure. Sumit Sharma, the father of the respondent no.3, further submitted that the settlement between the parties is in favor of his son, the respondent no.3, who is a 12th – grade student.

Mr. Pradeep Lohani, Brief Holder, appearing for the respondent no.1 has opposed the request of the applicants and the private respondents.

The applicants and the respondents have settled their disputes. They are living happily and in harmony. According to the father of the injured, the settlement is in favor of his son. 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. 82 of 2025, “State Vs. Sakum and three Others”, pending before the Court of Judicial Magistrate / IInd Additional Civil Judge, Roorkee, District Haridwar, are hereby quashed.