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2025 DAILYLAW 1172 (UTT)

SACHIN DHIMAN AND ORS v. STATE OF UTTARAKHAND

C528/60/2025 · 2025-05-14

Vivek Bharti Sharma

body2025

Judgment text

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2025:UHC:3901 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc Application No. 60 of 2025 14 May, 2025 Sachin Dhiman & Ors. --Petitioners Versus State of Uttarakhand & Anr. --Respondents ---------------------------------------------------------------------- Presence:- Mr. Gaurav Singh, Advocate for the petitioners. Mr. Akshay Latwal, leanred A.G.A. for the State. Mr. Pankaj Semwal, Advocate for the respondent no.2. ---------------------------------------------------------------------- Hon'ble Vivek Bharti Sharma, J. This criminal misc. application is filed under Section 528 of B.N.S.S. by the petitioners/accused for quashing of the cognizance/summoning order dated 06.01.2021, charge-sheet dated 06.11.2020 as well as the entire proceedings of Criminal Case No.144 of 2021 (Case Crime No.0133 of 2020), titled as “State vs. Prabha Devi & Others” pending in the court of learned Chief Judicial Magistrate, District Dehradun for the offence punishable under Sections 376, 323, 504 of IPC, P.S. Cantt., District Dehradun qua the petitioners/accused, in view of the compromise 1 2025:UHC:3901 arrived at between the parties. 2. In view of the fact that a Compounding Application (IA No. 01 of 2025) was filed by the parties before this Court, this Court vide order dated 29.04.2025 had directed the parties to appear before the Secretary, District Legal Services Authority, District Dehradun in order to get their statements recorded and to verify the compromise deed. 3. Pursuant to such order, the Secretary, District Legal Services Authority, District Dehradun has submitted the report dated 05.05.2025 which clearly indicates that the parties have settled the dispute amicably and have also verified the contents of the compromise. 4. In view of the above, Compounding Application (IA No.01 of 2025) is allowed. As a consequence thereof, the cognizance/summoning order dated 06.01.2021, charge-sheet dated 06.11.2020 as well as the entire proceedings of Criminal Case No.144 of 2021 (Case Crime No.0133 of 2020), titled as “State vs. Prabha Devi & Others” pending in the court of learned Chief Judicial 2 2025:UHC:3901 Magistrate, District Dehradun for the offence punishable under Sections 376, 323, 504 of IPC, P.S. Cantt., District Dehradun is hereby quashed qua the petitioners. 5. Present petition u/s 528 of B.N.S.S. is, thus, disposed of in terms of the compromise arrived at between the parties. (Vivek Bharti Sharma, J.) 14.05.2025 Akash 3