Sushil And Another vs State Of Uttarakhand And Others

Alok Kumar Verma, J

This Application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing the entire proceedings of Special Sessions Trial No.22 of 2021, “State vs. Sushil Pal and Another”, pending before the court of learned District and Sessions Judge, Haridwar under Sections 323, 504, 147, 149 of the Indian Penal Code, 1860 and Section 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

According to the prosecution, the children were playing cricket then the incident happened.

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

Mr. Chitrarth Kandpal, learned Brief Holder for the respondent no.1.

Mr. Susheel Kumar, learned counsel for the respondent no.2-informant and the respondent nos.3 to 5, the injured – victims.

Applicants are present through video conferencing. They are identified by Mr. Gaurav Singh, Advocate.

The respondent nos.2 to 5 are present through video conferencing. They are identified by Mr. Susheel Kumar, Advocate.

Both, the applicants and the private respondents submitted that they are neighbors. There were private disputes between them. They have resolved all their disputes and after resolving their disputes, they are living peacefully and in harmony. They have filed a Compounding Application (IA No.1 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 Special Sessions Trial No.22 of 2021.

The said request has been opposed by the respondent no.1.

It is noticed that the respondent nos.2 to 5 and the applicants are neighbors and they have resolved all their disputes. They are living peacefully 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.

Considering the totality of the matter, this Court is of the view that ends of justice would be met if the entire proceedings of Special Sessions Trial No.22 of 2021, “State vs. Sushil Pal and Another”, pending before the court of learned District and Sessions Judge, Haridwar, are quashed.

Resultantly, the present Application, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed and the entire proceedings of Special Sessions Trial No.22 of 2021, “State vs. Sushil Pal and Another”, pending before the court of learned District and Sessions Judge, Haridwar, are hereby quashed.