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2025 DAILYLAW 14939 (UTT)

AMAN PANDEY v. STATE OF UTTARAKHAND

C528/1914/2025 · 2025-10-28

Alok Kumar Verma

body2025

Judgment text

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 28th OCTOBER, 2025 CRIMINAL MISCELLANEOUS APPLICATION NO. 1914 OF 2025 Aman Pandey ..... Applicant Versus State of Uttarakhand and Others ..…Respondents Counsel for the Applicant : Mr. Rajat Mittal, Advocate. Counsel for the Respondent : Mrs. Sweta Badola Dobhal, No.1 Brief Holder. Counsel for the Respondent : Mr. Gaurav Kandpal, Advocate Nos. 2 and 3 holding brief of Mr. Ajay Joshi, Advocate. Hon’ble Alok Kumar Verma,J. This Application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing the entire proceedings of Criminal Case No. 3432 of 2020, “State vs. Aman Pandey”, pending before the Court of IVth Additional Judicial Magistrate, Dehradun under Section 67 of the Information Technology Act, 2000. 2. According to the prosecution, an unknown person was harassing the informant’s daughter by creating a fake Facebook ID using her photo and posting messages. Charge-sheet has been filed against the 1 applicant. 3. Mr. Rajat Mittal, learned counsel for the applicant. 4. Mrs. Sweta Badola Dobhal, learned Brief Holder for the respondent no.1. 5. Mr. Gaurav Kandpal, learned counsel holding brief of Mr. Ajay Joshi, learned counsel for the respondent nos. 2 and 3. 6. The applicant is present in-person. He is identified by Mr. Rajat Mittal, Advocate. 7. The respondent no. 2-informant is present in- person and the respondent no.3-victim is present through video conferencing. They are identified by Mr. Gaurav Kandpal, Advocate. 8. The respondent no.2 and the respondent no.3 submitted that they do not want to proceed with the said Criminal Case. They have requested to quash the entire proceedings of the said Criminal Case No. 3432 of 2020. They have filed a Compounding Application (IA No. 1 of 2025) and affidavits with their free will and without any pressure. The applicant has also filed his affidavit. 9. Mrs. Sweta Badola Dobhal, Brief Holder, appearing for the respondent no.1, has opposed the request of the respondent no.2 and the respondent no.3 on the ground that the offence is non-compoundable. 2 10. Considering the totality of the matter, this Court is of the view that ends of justice would be met if the entire proceedings of Criminal Case No. 3432 of 2020, “State vs. Aman Pandey”, pending before the Court of IVth Additional Judicial Magistrate, Dehradun, 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. 3432 of 2020, “State vs. Aman Pandey”, pending before the Court of IVth Additional Judicial Magistrate, Dehradun, are hereby quashed. ___________________ ALOK KUMAR VERMA, J. Date: 28.10.2025 Shiv/ 3