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2025 DAILYLAW 5188 (UTT)

JITENDRA SINGH CHAUHAN v. STATE OF UTTARAKHAND

C482/627/2024 · 2025-08-21

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 JUDGE’S ORDERS 2025:UHC:7407 (Compounding Appl. No.02 of 2025) In C482 No.627 of 2024 With (Compounding Appl. No.02 of 2022) In C482 No.2050 of 2022 Hon’ble Ashish Naithani, J. Mr. Lalit Sharma and Ms. Anmol Sandhu, learned counsel for the Applicant in C482 No.627 of 2024. 2. Mr. Prashant Khanna, learned counsel for the Applicants in C482 No.2050 of 2022. 3. Mr. Rakesh Negi, learned Brief Holder for the State. 4. Mr. Prashant Khanna, learned counsel for Respondent no.2 in C482 No.627 of 2024. 5. Present applications have been filed by the Applicants under Section 528 of B.N.S.S., 2023 alongwith compounding applications and the same are supported with the affidavits of Applicant- Jitendra Singh Chauhan and Respondent no.2-Akshi Bisht Chauhan in C482 No.627 of 2024 and Applicants-Amita, Meena, Akshi Bisht Chauhan, Sheela Panwar, Praveen Panwar, Ms. Manjeet Singh and Respondent no.2-Jitendra Singh Chauhan in C482 No.2050 of 2022. 6. Applicants as well as Respondent no.2 in both the C482 Applications are present through V.C. They are duly identified by their respective counsel. 7. By means of these C528 applications, Applicants have sought quashing of the charge sheet dated 06.09.2021, cognizance order dated 08.07.2022 as well as the entire proceedings of Criminal Case No.5031 of 2022 State vs. Jitendra Singh Chauhan for the offence punishable under Sections 498-A, 323, 504 of IPC & Section 3/4 of Dowry Prohibition Act pending in the court of Chief Judicial Magistrate, Dehradun in C482 No.627 of 2024. In C482 No.2050 of 2022 cognizance/summoning order dated 09.05.2022 passed by learned Chief Judicial Magistrate, Dehradun in Criminal Case No.3424 of 2022 (State vs. Akshi Bisht & others) as well as the charge sheet dated 28.10.2021 be quashed. 8. Learned counsel for the parties have filed their respective affidavits along with both the compounding applications stating therein that they do not wish to pursue the present criminal case any further and a compromise has been entered between them. 9. This Court has interacted with Jitendra Singh Chauhan-husband and Akshi Bisht Chauhan-wife. On interaction both of they submit that they have divorced now and they do not want to pursue the matter anymore. 10. Learned State counsel has opposed the compounding application. 11. Heard learned counsel for the parties and perused the material available on record. 12. 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. 13. Having heard learned counsel for the parties and in view of the above, both the compounding application are allowed. The entire proceedings of Criminal Case No.5031 of 2022 (FIR No.0004 of 2021) for the offence punishable under Section 498- A, 323, 504 of IPC & Section 3/4 of Dowry Prohibition Act and entire proceedings of Criminal Case No.3424 of 2022 (FIR No.84 of 2021) for the offence punishable under Section 312, 384 and 120- B of IPC pending in the court of Chief Judicial Magistrate, Dehradun are hereby quashed. 14. Accordingly both the Criminal Misc. Applications stand disposed of. (Ashish Naithani, J.) 21.08.2025 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: 2025.08.21 17:42:21 +05'30'