Allowed

Monu Khan and Others v. State of Uttarakhand

Uttarakhand HC13 Oct 2025C528/1643/2025

Case brief

AI extract

What is this about?

High Court of Uttarakhand allowed Criminal Miscellaneous Application to quash criminal proceedings in Sessions Trial No.78 of 2024 regarding rash driving and assault. Court held that despite objections on compoundability, ends of justice warranted quashing qua applicants due to settlement.

What did the court decide?

Entire proceedings of Sessions Trial No.78 of 2024, State of Uttarakhand Vs. Rajkumar Kakkar alias Raju and Others, pending before IIIrd Additional Sessions Judge, Rudrapur, are quashed qua the applic

Monu Khan and Others Vs State of Uttarakhand — Quashing and FIR | Uttarakhand HC (2025)

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2025:UHC:9096

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IN THE HIGH COURT OF UTTARAKHAND

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AT NAINITAL

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THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 13^TH OCTOBER, 2025

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CRIMINAL MISCELLANEOUS APPLICATION NO.1643 of 2025

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Monu Khan and Others Versus	.....Applicants
State of Uttarakhand and Others	..…Respondents
Counsel for the Applicant s :	Mr. Vikas Kumar Guglani, Advocate.
Counsel for the Respondent : No.1	Mr. Akshay Latwal, Assistant Government Advocate.
Counsel for the Respondent : No.2-informant and Respondent Nos.3 and 4-injured Hon’ble Alok Kumar Verma,J.	Mr. Rishabh Bisht, Advocate.

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The present Application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 f or quashing the entire proceedings of Sessions Trial No.78 of 2024, “State of Uttarakhand Vs. Rajkumar Kakkar alias Raju and Others”, pending before the court of III^rd Additional Sessions Judge, Rudrapur, District Udham Singh Nagar.

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2. According to the First Information Report, the applicants along with other co-accused persons beat the respondent no.3, the brother of the respondent

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2025:UHC:9096

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no.2-informant and the respondent no.4, the father of the informant. A fire was also opened at the informant. But the said fire did not hit him.

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3. The cognizance has been taken for the offence of Sections 147, 148, 149, 307, 452, 323, 504, 506, 120B, 269, 270 read with Section 34 of the Indian Penal Code, 1860 against the applicants-accused Chand Babu alias Chand Khan, the applicant no.2, Satyendra Kumar, the applicant no.3, Nirwail Singh alias Bunty, the respondent no.5 and Sanjeet Singh alias Sunny, the applicant no.6. The cognizance has been taken for the offence of Sections 147, 148, 149, 307, 452, 323, 504, 506, 120B, 269, 270 read with Section 34 of the Indian Penal Code, 1860 and Section 3 read with Section 25 of the Arms Act, 1959 against Monu Khan, the applicant no.1 and Ikbal Khan alias Jahid, the applicant no.4.

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4. Heard Mr. Vikas Kumar Guglani, learned counsel for the applicants, Mr. Akshay Latwal, learned Assistant Government Advocate for the respondent no.1 and Mr. Rishabh Bisht, learned counsel for the respondent no.2-informant, 3 and 4-injured.

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5. All the Applicants-accused are present through video conferencing. They are identified by Mr.

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2025:UHC:9096

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Vikas Kumar Guglani, Advocate. The respondent no.2informant, respondent no.3 and the respondent no.4, the injured, are present through video conferencing. They are identified by Mr. Rishabh Bisht, Advocate.

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6. According to the private respondents, the respondent no.3 and the respondent no.4 had received simple injuries. They (private respondents) have compounded the said offences. They have settled their all the disputes with the applicants. Now, they (applicants and the private respondents) are living peacefully and in harmony. 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 Sessions Trial No.78 of 2024.

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7. The said request has been opposed by the respondent no.1 on the ground that the said offences are non-compoundable.

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8. The applicants and the private respondents have settled their all the disputes and now, they are living peacefully and in harmony. Considering the totality of the matter, this Court is of the view that ends of justice would be met if the entire proceedings

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of Sessions Trial No.78 of 2024, “State of Uttarakhand Vs. Rajkumar Kakkar alias Raju and Others”, pending before the court of III^rd Additional Sessions Judge, Rudrapur, District Udham Singh Nagar, are quashed qua the applicants.

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9. 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.78 of 2024, “State of Uttarakhand Vs. Rajkumar Kakkar alias Raju and Others”, pending before the court of III^rd Additional Sessions Judge, Rudrapur, District Udham Singh Nagar, are hereby quashed qua the applicants.

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___________________ ALOK KUMAR VERMA, J.

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Dt:13.10.2025

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Neha

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NEHA BISHT Digitally signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a8038ee7326b08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6BA960BFE64D819EE44CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.10.13 18:54:08 +05'30'

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Monu Khan and Others v. State of Uttarakhand

Case brief

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Monu Khan and Others v. State of Uttarakhand

Case brief

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