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2025 DAILYLAW 1773 (UTT)

SURESH SINGH v. STATE OF UTTARAKHAND

C482/135/2020 · 2025-06-09

Ashish Naithani

Transfer Petitionbody2025

Judgment text

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SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 2025:UHC:4702 IA No.1097 of 2024 (Compounding Application) In C482 No.135 of 2020 Hon’ble Ashish Naithani, J. Ms. Medha Pande, learned counsel holding brief of Mr. Amir Malik, learned counsel for the applicant. 2. Mr. B.C. Joshi, learned AGA for the State of Uttarakhand. 3. Mr. Shivam Singh, learned counsel holding brief of Mr. Apoorv Chauhan, learned counsel for the private respondent. 4. The present Application has been filed under Section 482 of the Code of Criminal Procedure, 1973 to quash the summoning order dated 25.03.2019 and the entire proceedings of Criminal Case No.167 of 2019, “State Vs. Nazara Begum & others”, under Section 420 of IPC, pending in the court of learned Additional Chief Judicial Magistrate Nainital, District Nainital. 5. Along with C482 application, a compounding application has been signed by the parties and has been filed, which is duly supported by separate affidavits of applicant and private respondent no.3. Applicant and respondent no.3 are present before this Court, who are identified by their respective counsels. 6. Learned counsel for the parties have filed their respective affidavits along with the compounding application stating therein that they do not want to pursue the present criminal case any further and a settlement has reached between them. 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. Keeping in view of the totality of the facts and circumstances of the case, this Court is of the view that ends of justice would be met, if the summoning order dated 25.03.2019 as well as entire proceedings of Criminal Case No.167 of 2019, “State Vs. Nazara Begum & others”, under Section 420 of IPC, pending in the court of learned Additional Chief Judicial Magistrate Nainital, District Nainital, are hereby quashed. 10. In view of the above, the compounding application is allowed. The entire proceedings of Criminal Case No.167 of 2019, “State Vs. Nazara Begum & others”, under Section 420 of IPC, pending in the court of learned Additional Chief Judicial Magistrate Nainital, District Nainital, are hereby quashed 11. The Criminal Miscellaneous Application, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly. (Ashish Naithani, J) 09.06.2025 Nitesh/