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2025 DAILYLAW 13382 (UTT)

MAYANK SAXENA v. STATE OF UTTARAKHAND

C528/932/2024 · 2025-05-14

Vivek Bharti Sharma

body2025

Judgment text

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2025:UHC:3900 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc Application No. 932 of 2024 14 May, 2025 Mayank Saxena --Petitioner Versus State of Uttarakhand & Another --Respondents ---------------------------------------------------------------------- Presence:- Ms. Sauriya Naaz, Advocate for the petitioner. Mr. Akshay Latwal, learned A.G.A. for the State. Mr. Shariq Khurshid, 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 petitioner/accused for quashing of the cognizance/summoning order dated 30.11.2023, charge-sheet dated 18.01.2023 as well as the entire proceedings of Criminal Case No.4429 of 2023 (Case Crime No.320 of 2022), titled as “State vs. Mayank Saxena” pending in the court of learned Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar for the offence punishable under Sections 498-A, 323, 504 & 506 of IPC and Section 3/4 of Dowry Prohibition Act, P.S. Kashipur, District 1 2025:UHC:3900 Udham Singh Nagar qua the petitioner/accused, in view of the compromise arrived at between the parties. 2. In view of the fact that a Compounding Application (IA No. 02 of 2025) was filed by the parties before this Court, this Court vide order dated 28.04.2025 had directed the parties to appear before the Secretary, District Legal Services Authority, Rudrapur, District Udham Singh Nagar in order to get their statements recorded and to verify the compromise deed. 3. Pursuant to such order, the Secretary, District Legal Services Authority, Rudrapur, District Udham Singh Nagar 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.02 of 2025) is allowed. As a consequence thereof, the cognizance/summoning order dated 30.11.2023, charge-sheet dated 18.01.2023 as well as the entire proceedings of 2 2025:UHC:3900 Criminal Case No.4429 of 2023 (Case Crime No.320 of 2022), titled as “State vs. Mayank Saxena” pending in the court of learned Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar for the offence punishable under Sections 498-A, 323, 504 & 506 of IPC and Section 3/4 of Dowry Prohibition Act, P.S. Kashipur, District Udham Singh Nagar is hereby quashed qua the petitioner. 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