GAUTAM ALIAS GAUTAM KUMAR AND ORS v. STATE OF UTTARAKHAND
C528/1593/2025 · 2025-12-13
Daily Lok Adalat
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17202 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17202 (UTT) · dailylaw.ai ]
Judgment text
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SL. No. Dat e Of f ice Not es, r epor t s, or ders or pr oceedin gs or dir ect ion s an d Regist r ar’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS
C528 No.1593 of 2025 Hon ’ble Ash ish Nait h an i, J.
Mr. Shariq Khurshid, learned counsel for the Applicants. 2. Mr. B.C. Joshi, learned AGA with Mr. Rakesh Negi, learned Brief Holder for the State of Uttarakhand. 3. Mr. Prince Chauhan, learned counsel for the private Respondent No.2. 4. This matter is being taken up in the “National Lok Adalat” held on 13.12.2025. 5. In the present Application filed under Section 528 of the BNSS, 2023, the Applicants have put a challenge to the entire proceedings of Criminal Case No.655 of 2022 “State Vs. Gautam and others” for the offences punishable under Sections 498-A, 323, 504 and 506 of IPC, and under Section ¾ of the Dowry Prohibition Act, which is pending before the court of learned Judicial Magistrate, Kashipur, District Udham Singh Nagar. 6. There is a compounding application (IA No.1/2025) Paper No.31, whereby the parties are present through VC and are being identified by the learned counsel for the Applicants as well as by the learned counsel for the Respondent No.2. The grounds for settlement as per the learned counsel for the Complainant/Respondent No.2 is a one-time-settlement of Rs.4,00,000/-, which has been received by Respondent No.2 – Smt. Pooja Rani from the Applicants. It has also been decided between the parties that they have agreed to live separately and have also filed a divorce petition by mutual consent before the court concerned. The parties have made a statement that they have come into the terms of the compromise and do
not wish to proceed with the matter any further. 7. Heard learned counsel for the parties and perused the material available on record. 8.
In view of the principle of law laid down by Hon'ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303 as well as in Transfer Petition (Criminal) No. 115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, criminal proceedings can be quashed by this Court, if this Court is satisfied that matter has been settled between the parties amicably and parties are interested to restore peace and harmony between them. 9. In view of the above, the compounding application is allowed. The entire proceedings of Criminal Case No.655 of 2022 “State Vs. Gautam and others” for the offences punishable under Sections 498A, 323, 504 and 506 of IPC, and under Section ¾ of the Dowry Prohibition Act, which is pending before the court of learned Judicial Magistrate, Kashipur, District Udham Singh Nagar, are hereby quashed. 10. The Criminal Miscellaneous Application, filed under 528 of the BNS, 2023 is disposed of accordingly
( Ash ish Nait h an i, J.) 1 3 .1 2 .2 0 2 5 Nitesh/