Mohseen v. State of Uttarakhand

I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON'BLE SRI JUSTI CE ALOK KUMAR VERMA 1 0 TH JANUARY, 2 0 2 6

CRI MI NAL MI SCELLANEOUS APPLI CATI ON NO.7 5 of 2 0 2 6 Mohseen

..... Applicant Versus

State of Uttarakhand and Others

..…Respondents

Counsel for the Applicant

: Mr. Vikramaditya Buddhist

Advocate.

Counsel for the Respondent : Mr. Pradeep Lohani, No.1

Brief Holder.

Counsel for the Respondent no.2- : Mr. Anoop Jaiswal, Informant and respondent no.3 Advocate. victim

Hon 'ble Alok Ku m ar Ver m a,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.192 of 2023, "State vs. Mohseen", pending before the court of learned Additional Sessions Judge/ FTSC, Rudrapur, District Udham Singh Nagar under Section 376 and Section 506 of the Indian Penal Code, 1860. 2 .

Heard Mr. Vikramaditya Buddhist, learned counsel for the applicant-accused, Mr. Pradeep Lohani,

learned Brief Holder for the respondent no.1 and Mr. Anoop Jaiswal, learned counsel for the respondent no.2-informant and the respondent no.3-victim. 3 .

Applicant is present in-person. He is identified by Mr. Vikramaditya Buddhist, Advocate. The respondent no.2, aged about 26 years and his wife, the respondent no.3, aged about 27 years, are present in-person. They are identified by Mr. Anoop Jaiswal, Advocate. 4 .

Applicants and the respondent nos.2 and 3 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. 5 .

The respondent nos.2 and 3 are requesting to quash the entire proceedings of the said Sessions Trial No.192 of 2023. 6 .

The said request of the respondent nos.2 and 3 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.

7 .

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 applicant 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.

8 .

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.192 of 2023, "State vs. Mohseen", pending before the court of learned Additional Sessions Judge/ FTSC, Rudrapur, District Udham Singh Nagar, are quashed.

9 .

Resultantly, the present Application, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed and the entire proceedings of A 2026:UHC:498a Sessions Trial No.192 of 2023, "State vs. Mohseen", pending before the court of learned Additional Sessions Judge/FTSC, Rudrapur, District Udham Singh Nagar, are hereby quashed. ___________________

ALOK KUMAR VERMA, J.

Dt:10.01.2026 Nehaa a Digital y signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=6f1c15b6305912b3fNEHA 008e9a4a8038ee7326b08b2 dtie018b01be753f014836d2 7, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC3377BISHT 9FB9677068452F32DE6BA96 0BFE64D819EE44CA9CCE487 B2FE0F92, cn=NEHA BISHT Date: 2026.01.10 20:35:11 +05'30'