Extracted from the PDF above. The PDF is authoritative.
2025:UHC:6733
SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
C-582 No. 541 of 2025 Hon’ble Ashish Naithani, J.
Mr. Mahavir Kohli, learned counsel for the Applicant.
2. Mr. Vipul Painuly, learned A.G.A. for the State of Uttarakhand.
3. Mr. Sumit Joshi, learned counsel for Respondent No. 2.
4. The present Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the Applicant – Mohammad Abdul Naim against Respondent No. 2-Kiran Bhardwaj, seeking quashing of the
judgment and order dated 25.03.2025, passed by learned Additional Sessions Judge, Ranikhet, District Almora in Criminal Appeal No. 18 of 2024, “Mohammad Abdul Naim vs. State of Uttarakhand and Another” as well as the order dated 18.09.2024, passed by learned Judicial Magistrate, Ist Bhikiyasain, District Almora, convicting the Applicant in Criminal Complaint Case No. 46 of 2022, “Kiran Bhardwaj vs. Mohammad Abdul Naim” under Section 138 of the N.I. Act, 1881.
5. As per the last order sheet dated 30.07.2025, the parties were directed to appear before this Court today through video conferencing.
6. Today, the Applicant-Mohammad Abdul Naim, S/o Shri Abdul Hameed, is present through video conferencing and has been duly identified by Mr. Mahavir Kohli, Advocate. Respondent No. 2-Kiran Bhardwaj, W/o Late Shri Bipin Bhardwaj, is also present through video conferencing and has been identified by Mr. Sumit Joshi, Advocate.
7. Respondent No. 2-Kiran Bhardwaj makes a statement that parties have arrived at a settlement. She confirms that she has received the entire amount due to her and that all
2025:UHC:6733 claims have been satisfied, except for a sum of ₹54,400/- (Rupees Fifty-Four Thousand Four Hundred only), which is to be returned to her after a decision is rendered in the present matter.
8.
Learned counsel for the Applicant submits that the aforesaid amount of ₹54,400/- has been deposited before the Civil Court, Bhikiyasain, Almora.
9. After hearing the parties and perusing the record, the Compounding Application is allowed. The further proceedings of judgment and order dated 25.03.2025, passed by learned Additional Sessions Judge, Ranikhet, District Almora in Criminal Appeal No. 18 of 2024,
“Mohammad Abdul Naim vs. State of Uttarakhand and Another as well as the order dated 18.09.2024, passed by learned Judicial Magistrate, Ist Bhikiyasain, District Almora, convicting the Applicant in Criminal Complaint Case No. 46 of 2022, “Kiran Bhardwaj vs. Mohammad Abdul Naim” under Section 138 of the N.I. Act, 1881, are hereby quashed qua the present Applicant only.
10. The present Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 is disposed of in view of the above-stated compromise between the parties. It is further directed that the said amount of ₹54,400/-, deposited with the Civil Court, Bhikiyasain, Almora, shall be returned to Respondent No. 2, Kiran Bhardwaj, as per law.
(Ashish Naithani, J.) 31.07.2025 Shiksha SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822f bd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B52 83D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.07.31 16:36:10 +05'30'
2025:UHC:6733