Meharban And Others ….. Applicants vs Sate Of Uttarakhand And Another on 25 May, 2026

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    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
    No.            directions and
                 Registrar's order                                       COURT'S OR JUDGE'S ORDERS
                  with Signatures
                                                                                              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.

    SPONSORED

    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



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