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2025 DAILYLAW 14998 (UTT)

SANJAY PRAKASH PAINYULI v. STATE OF UTTARAKHAND

C482/859/2022 · 2025-11-25

Ashish Naithani

Transfer Petitionbody2025

Judgment text

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2025:UHC:10476 SL. No . Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C-482 No. 859 of 2022 Hon’ble Ashish Naithani, J. Mr. Karan Singh Dugtal, learned counsel for the Applicants. 2. Mr. N.S. Kanyal, learned A.G.A. for the State of Uttarakhand. 3. Mr. Lalit Miglani, learned counsel holding brief of Mr. Pankaj Kumar Sharma, learned counsel for the Respondent No. 2. 4. The present application under Section 482 of the Cr.P.C. has been filed on behalf of the Applicants against Respondent No. 2 – Smt. Babita Painyuli, seeking quashing of the entire proceedings of Criminal Case No. 2895 of 2019, “State vs. Sanjay Painyuli and Another” (arising out of Case Crime No. 297 of 2018), under Sections 498-A, 323, 504 and 506 IPC and Section 3/4 of the D.P. Act, pending before the Court of the learned IVth Additional Chief Judicial Magistrate, Dehradun, during the pendency of the present criminal miscellaneous application. 5. Applicant and Respondent No. 2 are present before this Court and are duly identified by their respective counsels. Upon interaction, Respondent No. 2 submits that she is residing with the Applicant and has no objection to the allowing of the Compounding Application. As the dispute arises out of matrimonial discord, the parties have amicably resolved their differences. 6. In light of the legal principles laid down by the Hon’ble Apex Court in Gian Singh vs. State of Punjab, (2012) 10 SCC 303, and Dimpey Gujral vs. Union Territory of Chandigarh, Transfer Petition (Criminal) No. 2025:UHC:10476 115 of 2012, decided on 06.12.2012, this Court holds that criminal proceedings may be quashed where the parties have amicably settled the matter and are inclined to restore peace and harmony. 7. Per contra, the learned State Counsel has objected to the Compounding Application. 8. Considering the overall facts and circumstances of the case, this Court is of the view that the ends of justice would be met by quashing the entire proceedings of Criminal Case No. 2895 of 2019, “State vs. Sanjay Painyuli and Another”, for the offences punishable under Sections 498-A, 323, 504 and 506 IPC and Section 3/4 of the D.P. Act, P.S. Nehru Colony, District Dehradun, pending before the Court of the learned IVth Additional Chief Judicial Magistrate, Dehradun. 9. Accordingly, the Compounding Application is allowed. 9. Accordingly, the Compounding Application is allowed. The entire proceedings of Criminal Case No. 2895 of 2019, “State vs. Sanjay Painyuli and Another”, for the offences punishable under Sections 498-A, 323, 504 and 506 IPC and Section 3/4 of the D.P. Act, P.S. Nehru Colony, District Dehradun, pending before the Court of the learned IVth Additional Chief Judicial Magistrate, Dehradun, are hereby quashed qua the present Applicants only. 10. The Criminal Miscellaneous Application filed under Section 482 Cr.P.C. is accordingly disposed of. (Ashish Naithani, J.) 25.11.2025 Shiksha 2025:UHC:10476