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2025 DAILYLAW 2178 (UTT)

AMIT KUMAR v. STATE OF UTTARAKHAND

C482/177/2021 · 2025-07-08

Ashish Naithani

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

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:5858 IA No.04 of 2025 (Compounding Application) In C482 No.177 of 2021 HON’BLE ASHISH NAITHANI, J. Mr. Susheel, learned counsel holding brief of Mr. Gaurav Singh, learned counsel for the Applicants. 2. Mr. G.C. Joshi, learned AGA, for the State of Uttarakhand/1. 3. Mr. Ashutosh Thakral, learned counsel for the respondent no.2. 4. The present Application has been filed under Section 482 of CrPC, to quash the entire proceedings of Criminal Case No.9636 of 2019, “State Vs. Amit Kumar and others”, under Sections 323, 504, 506, 377, 511, 498A of IPC and under Section ¾ of Dowry Prohibition Act, 1961, pending in the court of learned Chief Judicial Magistrate, Haridwar. 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 applicants and private respondent no.2, who are present in person before this Court, and are duly 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 entire proceedings of Criminal Case No.9636 of 2019, “State Vs. Amit Kumar and others”, under Sections 323, 504, 506, 377, 511, 498A of IPC and under Section ¾ of Dowry Prohibition Act, 1961, pending in the court of learned Chief Judicial Magistrate, Haridwar, are hereby quashed. 10. In view of the above, the compounding application is allowed. The entire proceedings of Criminal Case No.9636 of 2019, “State Vs. Amit Kumar and others”, under Sections 323, 504, 506, 377, 511, 498A of IPC and under Section ¾ of Dowry Prohibition Act, 1961, pending in the court of learned Chief Judicial Magistrate, Haridwar, are hereby quashed 11. The Criminal Miscellaneous Application, filed under 482 of CrPC is disposed of accordingly. (ASHISH NAITHANI, J.) 08.07.2025 Nitesh/