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2025 DAILYLAW 13062 (UTT)

ABHISHEK v. STATE OF UTTARAKHAND

C528/873/2024 · 2025-01-09

Pankaj Purohit

body2025

Judgment text

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2025:UHC:396 1 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc Application (u/s 528) No. 873 of 2024 09 January, 2025 Abhishek and others --Applicants Versus State Of Uttarakhand and another --Respondents ---------------------------------------------------------------------- Presence:- Mr. Mani Kumar, learned counsel for applicants. Mr. Vipul Painuli, learned Brief Holder for the State of Uttarakhand. Mr. Saurabh Kumar Pandey, learned counsel holding brief of Mr. Manoj Bhatt, learned counsel for respondent No.2. Hon’ble Pankaj Purohit, J. (Oral) Present C528 application has been filed by the applicants along with the compounding application (IA/1/2024) for quashing the charge- sheet dated 24.01.2024, summoning order dated 28.05.2024 passed by the learned Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar in Criminal Case No.1898 of 2024 State of Uttarakhand Vs. Abhishek and two Others, for the offences punishable under Sections 341, 498A, 504 & 506 IPC and under Section 3/4 of the Dowry Prohibition Act and the entire proceedings of aforementioned criminal case. 2. A Co-ordinate Bench of this Court vide order dated 02.12.2024 directed the parties to the proceedings to appear before the District Legal Services Authority, District Udham Singh Nagar on 09.12.2024, who, in turn, was directed to record the 2025:UHC:396 2 statements of parties and verify the contents of the affidavits filed along with the compounding application. 3. The compliance report of Secretary, District Legal Services Authority, District Udham Singh Nagar dated 09.12.2024 is available on record. 4. From perusal of the compliance report, it is evidently clear that both the parties have entered into compromise and there is no dispute pending between them as they have settled their disputes amicably. Parties were also duly identified before the said authority. 5. In this view of the matter, Compounding Application (IA/1/2024) is allowed. As a result, entire proceedings of Criminal Case No.1898 of 2024 State of Uttarakhand Vs. Abhishek and two Others, for the offences punishable under Sections 341, 498A, 504 & 506 IPC and under Section 3/4 of the Dowry Prohibition Act pending before the Court of learned Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar, are hereby quashed. Consequently, the charge-sheet dated 24.01.2024 filed in FIR No.0228 of 2023 dated 07.12.2023, also stands quashed. 6. C528 application stands disposed of accordingly. (Pankaj Purohit, J.) 09.01.2025 PN PREETI NEGI Digitally signed by PREETI NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadbe38331bac55c78b5f9f 0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FAE064498483A83D 84BDB0F9229D5BF08D959AC, cn=PREETI NEGI Date: 2025.01.09 17:15:19 +05'30'