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2025 DAILYLAW 5405 (UTT)

ASHOK NAUTIYAL v. STATE OF UTTARAKHAND

C528/496/2025 · 2025-05-08

Vivek Bharti Sharma

body2025

Judgment text

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2025:UHC:3673 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc Application No. 496 of 2025 08 May, 2025 Ashok Nautiyal --Petitioner Versus State of Uttarakhand & Another --Respondents ---------------------------------------------------------------------- Presence:- Mr. Sanjay Raturi, Advocate for the petitioner. Mr. Deepak Bisht, learned D.A.G for the State. Mr. Sumit Joshi, Advocate for the respondent no.2. ---------------------------------------------------------------------- Hon'ble Vivek Bharti Sharma, J. This criminal misc. application is filed under Section 528 of B.N.S.S. by the petitioner/accused for quashing of the summoning order dated 24.01.2024, charge-sheet dated 24.07.2023 as well as the entire proceedings of Criminal Case No.479 of 2024 (F.I.R. No.93 of 2023 under Sections 498-A, 323, 504 of IPC and Section 3/4 of Dowry Prohibition Act, 1961) titled as “State vs. Ashok Nautiyal” pending in the court of learned 1st Additional Chief Judicial Magistrate, District Dehradun under Sections 498-A, 323 & 504 of IPC, P.S. Patel Nagar, District Dehradun qua the petitioner/accused, in view of the compromise arrived 1 2025:UHC:3673 at between the parties. 2. In view of the fact that a Compounding Application (IA No. 01 of 2025) was filed by the parties before this Court, this Court vide order dated 28.04.2025 had directed the parties to appear before the Secretary, District Legal Services Authority, District Dehradun in order to get their statements recorded and to verify the compromise deed. 3. Pursuant to such order, the Secretary, District Legal Services Authority, District Dehradun has submitted the report dated 02.05.2025 which clearly indicates that the parties have settled the dispute amicably and have also verified the contents of the compromise. 4. In view of the above, Compounding Application (IA No.1 of 2025) is allowed. As a consequence thereof, the summoning order dated 24.01.2024, charge-sheet dated 24.07.2023 as well as the entire proceedings of Criminal Case No.479 of 2024 (F.I.R. No.93 of 2023 under Sections 498-A, 323, 504 of IPC and Section 3/4 of Dowry Prohibition Act, 1961) titled as “State vs. Ashok Nautiyal” pending in 2 2025:UHC:3673 the court of learned 1st Additional Chief Judicial Magistrate, District Dehradun under Sections 498-A, 323 & 504 of IPC, P.S. Patel Nagar, District Dehradun is hereby quashed qua the petitioner. 5. Present petition u/s 528 of B.N.S.S. is, thus, disposed of in terms of the compromise arrived at between the parties. (Vivek Bharti Sharma, J.) 08.05.2025 Akash 3