C528/2094/2025
2025 Latest Caselaw 5738 UK

Uttarakhand High Court

C528/2094/2025 on 25 November, 2025

                                                                                                 2025:UHC:10471

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                              C-528 No. 2094 of 2025

                              Hon'ble Ashish Naithani, J.

Ms. Prabha Naithani, learned counsel for the Applicant.

2. Mr. B.C. Joshi, learned A.G.A. for the State of Uttarakhand.

3. Mr. Vishal Vikram Singh, 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 Applicant - Khursheed Ahmed against Respondent No. 2-A.H. Mobile Collection, seeking quashing of the judgment and order dated 10.11.2022, passed by learned Judicial Magistrate/Civil Judge Ramnagar, Nainital in Complainant Case No. 156 of 2019, "Firm AH Mobile Collection vs. Khursheed" under Section 138 of Negotiable Instruments Act, 1881 and judgment and order dated 03.11.2025, passed by Additional Sessions Judge, Ramnagar, District Nainital in Criminal Appeal No. 1 of 2022, "Khursheed vs. State of Uttarakhand and Another" on the basis of compromise between the parties.

5. Today, the Applicant-Khursheed Ahmed, S/o Jameel Ahmed, is present in person and has been duly identified by Ms. Prabha Naithani, Advocate. Respondent No. 2-A.H. Mobile Collection through Proprietor Shah Alam is also present in person and has been identified by Mr. Vishal Vikram Singh, Advocate.

6. Respondent No. 2 makes a statement that parties have arrived at a settlement. He confirms that he has received the entire amount

7. After hearing the parties and perusing the record, the Compounding Application is allowed. The further 2025:UHC:10471 proceedings of judgment and order dated 10.11.2022, passed by learned Judicial Magistrate/Civil Judge Ramnagar, Nainital in Complainant Case No. 156 of 2019, "Firm AH Mobile Collection vs. Khursheed" under Section 138 of Negotiable Instruments Act, 1881 and judgment and order dated 03.11.2025, passed by Additional Sessions Judge, Ramnagar, District Nainital in Criminal Appeal No. 1 of 2022, "Khursheed vs. State of Uttarakhand and Another", are hereby quashed qua the present Applicant only.

8. The present Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 is disposed of in view of the above-stated compromise between the parties.

(Ashish Naithani, J.) 25.11.2025 Shiksha 2025:UHC:10471