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2025 DAILYLAW 11187 (UTT)

SAMRESH MANDAL AND OTHERS v. STATE OF UTTARAKHAND

C528/1601/2025 · 2025-09-10

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:8026 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 10TH SEPTEMBER, 2025 CRIMINAL MISCELLANEOUS APPLICATION NO. 1601 OF 2025 Samresh Mandal and four Others ..... Applicants Versus State of Uttarakhand and Another ..…Respondents Counsel for the Applicants : Mr. Pradeep Chamyal, Advocate. Counsel for the Respondent: Mr. Pradeep Lohani, Brief No.1. Holder Counsel for the Respondent : Mr. B.S. Bhandari, Advocate No.2/informant-victim Hon’ble Alok Kumar Verma,J. The present Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants-accused for quashing the entire proceedings of Criminal Case No.291 of 2023, “State vs. Samresh Mandal and Others”, pending before the court of Judicial Magistrate, Sitarganj, District Udham Singh Nagar under Sections 498A, 323, 504, 506 of the Indian Penal Code, 1860, Section 3 and Section 4 of the Dowry Prohibition Act, 1961. 2. Mr. Pradeep Chamyal, learned counsel for the applicants. 3. Mr. Pradeep Lohani, learned Brief Holder for 1 2025:UHC:8026 the respondent no.1. 4. Mr. B.S. Bhandari, learned counsel for the respondent no.2/informant-victim. 5. All the applicants-accused are present in- person. They are identified by Mr. Pradeep Chamyal, Advocate. 6. The respondent no.2 is present in-person. She is indentified by Mr. B.S. Bhandari, Advocate. 7. Applicant No.1 is the husband of the respondent no.2. Applicant No.2 is the mother, applicant no.3 is the father and applicant no.4 is the brother of the applicant no.1. Applicant No.5 is the wife of the applicant no.4. 8. Both, the applicants and respondent no.2 submitted that they have settled their matrimonial disputes. They have filed a Compounding Application (IA No.1 of 2025) and affidavits with their free will and without any pressure. 9. The respondent no.2/informant-victim has requested to quash the entire proceeding of Criminal Case No.291 of 2023, “State vs. Samresh Mandal and Others”, pending before the court of Judicial Magistrate, Sitarganj, District Udham Singh Nagar. 10. In the facts and circumstances of the case, 2 2025:UHC:8026 ends of justice would be met if the entire proceedings of Criminal Case No.291 of 2023, “State vs. Samresh Mandal and Others”, pending before the court of Judicial Magistrate, Sitarganj, District Udham Singh Nagar, are quashed. 11. 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.291 of 2023, “State vs. Samresh Mandal and Others”, pending before the court of Judicial Magistrate, Sitarganj, District Udham Singh Nagar, are hereby quashed. ___________________ Date: 10.09.2025 ALOK KUMAR VERMA, J. JKJ/Pant 3