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2025 DAILYLAW 16020 (UTT)

NAVIN CHANDRA SUYAL AND ORS v. STATE OF UTTARAKHAND

C528/680/2024 · 2025-11-18

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:10234 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc Application No. 680 of 2024 18 November, 2025 Navin Chandra Suyal & Others … Applicants Versus State Of Uttarakhand & another … Respondent ---------------------------------------------------------------------- Presence:- Mr. Nikhil Bhatt, learned counsel for the applicants. Mr. Dinesh Chauhan, learned A.G. A. for the State of Uttarakhand Mr. Aayush Gaur, learned counsel for respondent no. 2. ---------------------------------------------------------------------- JUDGMENT Hon'ble Manoj Kumar Tiwari, J. 1. By means of this Criminal Miscellaneous Application, filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, applicants have sought quashing of summoning order dated 18.04.2022 and entire proceedings of Criminal Case No. 1587 of 2022 (State of Uttarakhand v. Naveen Chandra Suyal & others), under Sections 323, 504, 506 & 498A IPC and Section 3/ 4 of Dowry Prohibition Act, pending before learned Civil Judge, (S.D.)/ Judicial Magistrate, Haldwani, District Nainital. 2. A compounding application, jointly signed by counsel for applicants and counsel for respondent no. 2 has been filed, duly supported by affidavits of applicants and respondent no. 2 (complainant). 3. Learned counsels for the parties submit that 1 2025:UHC:10234 parties have buried their differences and entered into a compromise and settled the dispute amicably outside the court, therefore, no useful purpose would be served if the criminal case is continued. Mr. Aayush Gaur, learned counsel for the complainant submits that his client wants to compound the matter before this Court against the applicants. 4. Applicants are present before the Court today, who are duly identified by Mr. Nikhil Bhatt, Advocate. 5. Respondent no. 2 (complainant) is present through video conference before the Court today, who is duly identified by Mr. Aayush Gaur, Advocate. Complainant submitted that in view of the settlement arrived between her and the applicants, she does not want to prosecute the applicants any further. 6. In this application, applicants have challenged the summoning order and also the proceedings of Criminal Case No. 1587 of 2022. 7. Learned counsel for the applicants submits that the parties have resolved the dispute amicably, therefore, in view of the settlement arrived at between them, proceedings of Criminal Case No. 1587 of 2022 and also the summoning order deserves to be quashed. 8. Learned State Counsel submits that the offence under Section 498A of I.P.C. is not compoundable; he, however, submits that he has no 2 2025:UHC:10234 objection, if the matter is compounded. 9. Having regard to the nature of offence and also considering the broad guidelines issued by Hon’ble Apex Court in the case of Gian Sin gh Vs St at e of Pu n j ab reported in ( 2 0 1 2) 1 0 SCC 3 0 3 ; Nar in der Sin gh & ot h er s Vs St at e of Pu n j ab & anot h er reported in (2 0 14 ) 6 SCC 4 6 6 and St at e of Madh ya Pr adesh Vs. Lax m i Nar ayan reported in ( 2 0 19 ) 5 SCC 6 8 8, request of the applicant deserves to be acceded to. 10. Since the parties have entered into a compromise, therefore, possibility of the trial resulting into conviction of the accused is remote and bleak and, that being so, continuation of criminal proceedings would visit the accused with great oppression, prejudice and injustice. Rather, it would tantamount to abuse of process of law. Ends of justice would be met only if criminal proceedings are put to an end, because this would allow the parties to translate their decision to live in peace in the reality. The only consideration for the compromise reached between the parties seems to be their desire to burry the hatchet for all times to come. Resolution of a dispute by way of a compromise between two warring groups, therefore, should attract the immediate and prompt attention of a Court which should endeavour to give full effect to the same unless such compromise is abhorrent to lawful composition of the society or would promote savagery. 11. In view of above discussion, Criminal Miscellaneous Application is allowed. Entire proceedings 3 2025:UHC:10234 of Criminal Case No. 1587 of 2022, pending in the Court of learned Civil Judge (S.D)/ Judicial Magistrate, Haldwani is hereby quashed along with all proceedings emanating therefrom. 12. Compounding application (IA No. 4 of 2025) is, accordingly, disposed of. ________________________ MANOJ KUMAR TI W ARI , J. 18.11.2025 Aswal 4 NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a0 8b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DA CF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.11.19 04:37:45 -08'00'