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2025 DAILYLAW 4681 (UTT)

DEEPAK KUMAR v. STATE OF UTTARAKHAND

C528/419/2025 · 2025-06-24

Ashish Naithani

body2025

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:5330 C482 No.419 of 2025 Hon’ble Ashish Naithani, J. Ms. Sameeksha Negi, learned counsel holding brief of Mr. Lalit Sharma, learned counsel for the Applicants. 2. Mr. Girish Chandra Joshi, learned AGA assisted by Mr. Rakesh Negi, learned Brief Holder for the State. 3. Present application has been filed by the Applicants-Deepak Kumar, Jitendra Kumar and Priyanka under Section 528 of B.N.S.S., 2023 alongwith compounding application and the same is supported with the affidavits of applicants as well as respondent no.2. 4. Applicants as well as Respondent no.2 are present in the Court. They are duly identified by their respective counsel. 5. By means of this C528 application, applicants have sought quashing of the charge sheet dated 15.03.2023 as well as cognizance/summoning order dated 24.03.2023 as well as entire proceedings of Criminal Case No.2265 of 2023 (Case Crime No.489 of 2021) State vs. Deepak & others for the offence punishable under Section 420 of IPC and under Section 66 (D) of Information Technology Act, 2000 registered at Police Station Kotwali, Dehradun pending in the court of Chief Judicial Magistrate, Dehradun District Dehradun as well as subsequent order passed therein qua the present applicants. 6. A compounding application has been moved by the parties wherein it is stated that the parties have settled their dispute amicably and that they do not wish to pursue the present criminal case any further. 7. This Court has interacted with the complainant. On interaction complainant stated that the money involved in the matter, which had been duped by the applicants has been returned to Respondent no.2/complainant. Now she does not want to proceed the matter against the applicants. 8. Heard learned counsel for the parties and perused the material available on record. 9. In view of the principle of law laid down by Ho’ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303, 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 interest to restore peace and harmony between them. 10. Having heard learned counsel for the parties and in view of the above, the compounding application is allowed. The entire proceedings of Criminal Case No.2265 of 2023 (Case Crime No.489 of 2021) State vs. Deepak & others for the offence punishable under Section 420 of IPC and under Section 66 (D) of Information Technology Act, 2000 registered at Police Station Kotwali, Dehradun pending in the court of Chief Judicial Magistrate, Dehradun District Dehradun qua the present applicants are hereby quashed. 11. Accordingly instant Criminal Misc. Application stands disposed of. (Ashish Naithani, J.) 24.06.2025 Arti ARTI SINGH Digitally signed by ARTI SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE2521F982, cn=ARTI SINGH Date: 2025.06.26 10:20:58 +05'30'