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2025 DAILYLAW 17447 (UTT)

V S NAGPAL v. SHASHI KOHLI

CLR/25/2024 · 2025-12-15

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:11172 SL. No. Dat e Office Not es, r epor t s, or der s 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 CLR No. 2 5 of 2 0 2 4 Hon 'ble Rak esh Th apliyal, J. 1. Mr. Sagar Kothari, learned counsel for the revisionist. 2. Siddhartha Singh, learned counsel for the respondent. 3. The present revision has been preferred by the revisionist/ defendant against the order dated 12.12.2023 passed by learned VI Additional District Judge Dehradun in SCC Suit No. 72 of 2022, “ Smt. Shashi Kohli vs. V.S. Nagpal” whereby the application moved by the plaintiff under Order 15 Rule 5 of C.P.C. bearing paper no. 19C was allowed. 4. Learned counsel for the revisionist on instructions submits that the revisionist is ready to vacate the shop in question immediately, but there are two criminal cases lodged by both the sides against each other, one arising out of FIR no. 98 of 2022 at Police Station Rajpur District Dehradun dated 29.02.2022 lodged for the offences punishable under Section 323, 504, 506 and 452 of IPC wherein the charge sheet was filed and the accused persons have been summoned in Criminal Case No. 7081 of 2022, however the proceeding has been stayed in C-528 application No. 1160 of 2025. The another case launched by the respondent/ plaintiff bearing FIR No. 101 of 2022 at Police Station Rajpur, District Dehradun dated 30.04.2022 wherein a final report was filed against which a protest petition was filed and the final report was rejected and the protest petition was treated as a complaint and complaint case is registered i.e. Complaint Case No. 6190 of 2023 pending in the court of Additional Chief Judicial Magistrate Dehradun. 5. Both the parties now filed the 2025:UHC:11172 affidavit and agreed that the criminal cases launched by both the sides against each other will be withdrawn since all the offences are compoundable. 6. In such view of the matter, when the revisionist is ready to vacate the shop subject to this condition that the criminal proceedings be withdrawn by both the parties are directed to move appropriate application for the purposes of closing the criminal proceedings within 15 days and as an when both the parties move applications for withdrawal of the proceedings, the revisionist shall immediately handover the key of the shop in question to the power of attorney holder of respondent. 7. Subject to the observation direction as above, the present civil revision is disposed of finally. (Rakesh Thapliyal, J.) 15.12.2025 Nahid 2025:UHC:11172