Uttarakhand High Court
Meharban And Others ….. Applicants vs Sate Of Uttarakhand And Another on 25 May, 2026
Office Notes,
reports, orders or
SL. proceedings or
Date
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2026:UHC:4118
C-528 No. 1086 of 2026
Meharban and Others ..... Applicants
Versus
Sate of Uttarakhand and Another ....Respondents
Hon'ble Ashish Naithani, J.
Mr. Gaurav Singh, learned counsel for the
Applicants.
2. Mr. Manoj Bhatt, learned Brief Holder for the
State of Uttarakhand.
3. Mr. Susheel Kumar, learned counsel for
Respondent No. 2.
4. The present Application under Section 528 of
the Bharatiya Nagarik Suraksha Sanhita, 2023, has
been filed on behalf of the Applicants seeking
quashing of the charge-sheet dated 03.04.2026, the
cognizance order dated 06.04.2026 passed by the
learned Additional Chief Judicial Magistrate, Roorkee,
District Haridwar, as well as the entire proceedings of
Criminal Case No. 739 of 2026, “State vs. Meharban
and Others“, registered under Sections 70(1), 123
and 351(3) of the Bharatiya Nyaya Sanhita, 2023 and
Section 67 of the Information Technology Act, Police
Station Kotwali Roorkee, District Haridwar, pending in
the Court of learned Additional Chief Judicial
Magistrate, Roorkee, District Haridwar, along with the
consequential proceedings of Sessions Trial No. 37 of
2025, “State vs. Meharban and Others”, pending in
the Court of learned Additional District Judge/F.T.S.C.,
Roorkee, District Haridwar.
5. Along with the present application, a Joint
Compounding Application (I.A. No. 01 of 2026, Paper
No. 30) has also been filed, bearing the signatures of
the parties and duly endorsed by learned counsel for
the Applicants, Mr. Gaurav Singh, Advocate, and
learned counsel for Respondent No. 2, Mr. Susheel
Kumar, Advocate. The said application is supported by
affidavits of the respective parties, wherein it has
been averred that the parties have amicably resolved
their disputes and Respondent No. 2/victim does not
wish to pursue the matter any further as continuation
of the proceedings may cause her further mental
anguish and trauma.
6. Today, the Applicants are in judicial custody. On
behalf of Applicant No. 1, his brother is pursuing the
present proceedings, whereas on behalf of Applicant
No. 2, his father is pursuing the present proceedings.
They have been duly identified by learned counsel for
the Applicants, Mr. Gaurav Singh, Advocate.
Respondent No. 2 is present in person and has been
duly identified by her learned counsel, Mr. Susheel
Kumar, Advocate.
7. This Court has interacted with Respondent No.
2. During the course of such interaction, she has
categorically stated that she has amicably resolved
the dispute with the Applicants and does not wish to
pursue the matter any further. She has further stated
that she has no objection in case the present
application is allowed and the proceedings are
quashed.
8. Per contra, learned State Counsel has
vehemently opposed the Compounding Application on
the ground that the offences alleged against the
Applicants are grave and serious in nature and have
an impact upon society at large. It has been
contended that considering the nature of accusations
levelled in the FIR, the accused persons ought not to
be permitted to go scot-free merely on the basis of a
compromise entered into between the parties.
9. After interacting with Respondent No. 2 and
upon perusal of the material available on record, this
Court is satisfied that Respondent No. 2 has entered
into the compromise voluntarily and without any
coercion, pressure or undue influence from any
quarter. She has categorically stated before this Court
that she does not wish to pursue the criminal
proceedings any further as continuation thereof may
revive traumatic memories and cause her further
mental agony.
10. Considering the peculiar facts and
circumstances of the case, the voluntary stand taken
by Respondent No. 2, and in order to secure the ends
of justice as well as to prevent abuse of the process
of law, this Court is of the considered opinion that no
useful purpose would be served by permitting the
criminal proceedings to continue further.
11. Accordingly, the Joint Compounding Application
(I.A. No. 01 of 2026) deserves to be allowed and the
entire proceedings of Criminal Case No. 739 of 2026,
“State vs. Meharban and Others“, registered under
Sections 70(1), 123 and 351(3) of the Bharatiya
Nyaya Sanhita, 2023 and Section 67 of the
Information Technology Act, Police Station Kotwali
Roorkee, District Haridwar, pending in the Court of
learned Additional Chief Judicial Magistrate, Roorkee,
District Haridwar, along with consequential
proceedings of Sessions Trial No. 37 of 2025 pending
before the learned Additional District Judge/F.T.S.C.,
Roorkee, District Haridwar, are hereby quashed qua
the present Applicants only.
12. Consequently, the Compounding Application
(I.A. No. 01 of 2026) stands allowed.
13. Since the entire proceedings of the aforesaid
criminal case have been quashed, the Applicants, who
are presently in judicial custody, shall be released
forthwith, if not required in any other case.
14. In view of the above, the present Criminal
Miscellaneous Application filed under Section 528 of
the Bharatiya Nagarik Suraksha Sanhita, 2023,
stands disposed of accordingly.
(Ashish Naithani, J.)
25.05.2026
Shiksha
