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:6074
C528 No.230 of 2025 HON’BLE ASHISH NAITHANI, J.
Mr. B.M. Pingal, Mr. Rohit Kumar Gaur, learned counsel for the Applicant.
2. Mr. G.C. Joshi, learned AGA, for the State of Uttarakhand/1.
3. Mrs. Lata Negi, learned counsel for the Respondent no.2.
4. In the present Application filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, the Applicant has put a challenge to the entire proceedings of Criminal Case No.5039/2021, “State Vs. Pradeep Kumar Gupta”, under Sections 376 and 377 of IPC, which is pending in the court of learned Chief Judicial Magistrate, Dehradun, District Dehradun.
5. Along with C528 application, a compounding application (IA No.1 of 2025) has been signed by the parties and has been filed, which is duly supported by separate affidavits of Applicant and private Respondent no.2. Applicant is present and Respondent no.2 is present through VC before this Court, who 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.5039/2021, “State Vs. Pradeep Kumar Gupta”, under Sections 376 and 377 of IPC, which is pending in the court of learned Chief Judicial Magistrate, Dehradun, District Dehradun, are quashed.
10. In view of the above, the compounding application is allowed. The entire proceedings of Criminal Case No.5039/2021,
“State Vs. Pradeep Kumar Gupta”, under Sections 376 and 377 of IPC, which is pending in the court of learned Chief Judicial Magistrate, Dehradun, District Dehradun, are hereby quashed.
11. The Criminal Miscellaneous Application, filed under 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 is disposed of accordingly.
(ASHISH NAITHANI, J.)
14.07.2025 Nitesh/