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2025:UHC:7652
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 28TH AUGUST, 2025
CRIMINAL MISCELLANEOUS APPLICATION NO.1516 of 2025 Md. Adil
..... Applicant Versus
State of Uttarakhand and Another
..…Respondents
Counsel for the Applicant
: Mr. Ashutosh Thakral,
Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, No.1
Brief Holder. Counsel for the Respondent no.2/ : Mrs. Vidushi Bhardwaj, Informant- victim
Advocate through video
conferencing. Hon’ble Alok Kumar Verma,J.
The present Application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by the applicant to quash the entire proceedings of Criminal Case No.4662 of 2019, “State vs. Md. Adil”, pending before the court of IInd Additional Chief Judicial Magistrate, Dehradun, District Dehradun. 2. Subsequent to the submission of the charge- sheet, the learned Magistrate took cognizance and passed the summoning order against the applicant under Section 504 of the Indian Penal Code, 1860 and Section 67 of the Information Technology Act, 2000. 1
2025:UHC:7652
3. According to the First Information Report, obscene messages were sent on the informant’s Facebook. 4. Heard Mr. Ashutosh Thakral, learned counsel for the applicant, Mr. Pradeep Lohani, learned Brief Holder for the respondent no.1 and Mrs. Vidushi Bhardwaj, learned counsel for the respondent no.2/informant-victim. 5. Mr. Md. Adil, the applicant-accused is present in-person. He is identified by Mr. Ashutosh Thakral, Advocate. The respondent no.2-informant/victim is present through video conferencing. She is identified by Mrs. Vidushi Bhardwaj, Advocate. 6. Both, the applicant and the respondent no.2 submitted that they have settled their private disputes and reached to a compromise pursuant to which, they have filed a Compounding Application (IA No.02 of 2025) with affidavits. They are living in peace and harmony. 7. The applicant and the respondent no.2 further submitted that they have filed the compounding application and affidavits with their free will and without any pressure. The respondent no.2 has 2
2025:UHC:7652 requested to quash the entire proceedings of Criminal Case No.4662 of 2019. 8. Mr. Pradeep Lohani, learned Brief Holder, submitted that the parties have settled their private disputes amicably. 9. Considering the totality of the matter, this Court is of the view that ends of justice would be met if the entire proceedings of Criminal Case No.4662 of 2019, “State vs. Md. Adil”, pending before the court of IInd Additional Chief Judicial Magistrate, Dehradun, District Dehradun, are quashed. 10.
Resultantly, the present Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and the entire proceedings of Criminal Case No.4662 of 2019, “State vs. Md. Adil”, pending before the court of IInd Additional Chief Judicial Magistrate, Dehradun, District Dehradun, are hereby quashed. ___________________ ALOK KUMAR VERMA, J.
Dt:28.08.2025 Neha
3 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=3D89DC33779FB9677068452F32DE6BA960BFE64D819EE44CA9CCE487B2FE0F 92, cn=NEHA BISHT Date: 2025.08.28 18:28:58 +05'30'