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2025 DAILYLAW 14769 (UTT)

RAVI MASIWAL AND ORS v. STATE OF UTTARAKHAND

C528/2082/2025 · 2025-11-21

Ashish Naithani

body2025

Judgment text

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2025:UHC:10394 SL. No . Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C-528 No. 2082 of 2025 Hon’ble Ashish Naithani, J. Mr. Prasoon Dhariyal, learned counsel for the Applicants. 2. Mr. B.C. Joshi, learned A.G.A. for the State of Uttarakhand. 3. Mr. Rachit Narula, learned counsel for Respondent No. 2. 4. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the Applicants – Ravi Masiwal, Mukesh Chandra, and Basanti Masiwal – against Respondent No. 2, Champa Bhatt, seeking quashing of the entire proceedings of Criminal Case No. 1096 of 2024, State vs. Ravi Masiwal and Others, under Sections 498-A, 323, and 504 of the IPC (arising out of Case Crime No. 0131 of 2023), Police Station Haldwani, District Nainital, pending before the Court of the Additional Chief Judicial Magistrate, Haldwani, District Nainital. 5. Along with the present application under Section 528, a joint Compounding Application (I.A. No. 1 of 2025) has been filed, duly signed by the parties and supported by their respective affidavits, stating that the parties have amicably settled the dispute and that the matter may accordingly be compounded. 6. Today, Applicant No. 1 is present in person, and Applicant Nos. 2 and 3 are present through video conferencing. They have been duly identified by Mr. Prasoon Dhariyal, learned counsel. Respondent No. 2 – Champa Bhatt is present in person and has been duly identified by Mr. Rachit Narula, learned counsel. 7. The Court interacted with Respondent No. 2. During the interaction, she stated that she does not wish to pursue the matter any further and has no objection if the compounding application is allowed. 8. Heard learned counsel for the parties and perused the 2025:UHC:10394 record. 9. In light of the legal principles laid down by the Hon’ble Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, and Dimpey Gujral v. Union Territory of Chandigarh, Transfer Petition (Criminal) No. 115 of 2012, decided on 06.12.2012, this Court is mindful that criminal proceedings may be quashed where the parties have amicably resolved their dispute, particularly when such settlement promotes peace and fosters harmony. 10. Per contra, learned State Counsel has raised a preliminary objection, contending that some of the offences involved are non-compoundable. 11. However, considering the overall facts and circumstances of the case, the voluntary compromise between the parties, and the clear and unequivocal stand taken by Respondent No. 2, this Court is of the considered view that the ends of justice would be met by quashing the entire proceedings of Criminal Case No. 1096 of 2024, State vs. Ravi Masiwal and Others, under Sections 498-A, 323, and 504 IPC (Case Crime No. 0131 of 2023), Police Station Haldwani, District Nainital, pending before the Court of the Additional Chief Judicial Magistrate, Haldwani, District Nainital. 12. Accordingly, the Compounding Application (I.A. No. 1 of 2025) is allowed. The entire proceedings of Criminal Case No. 1096 of 2024, State vs. Ravi Masiwal and Others, are hereby quashed. 13. The Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is accordingly disposed of. (Ashish Naithani, J.) 21.11.2025 Shiksha SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fb d40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B528 3D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.11.21 14:45:07 +05'30' 2025:UHC:10394