Extracted from the PDF above. The PDF is authoritative.
2025:UHC:5241 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
(Compounding Appl. No.01 of 2025) In C528 No.565 of 2025 Hon’ble Ashish Naithani, J.
Mrs. Sheetal Selwal, learned counsel for the Applicant.
2. Mr. Vipul Painuly, learned AGA assisted by Mr. Chittrarth Kandpal, learned Brief Holder for the State.
3. Mr. Sunny Kumar, learned counsel for respondent no.2.
4. Present application has been filed by the Applicant-Mohd. Shoab Khan under Section 528 of B.N.S.S., 2023 alongwith compounding application and the same is supported with the affidavits of applicant and respondent no.2.
5. Applicant as well as respondent no.2 are present in the Court. They are duly identified by their respective counsel.
6. By means of this C528 application, applicant has sought quashing of the charge sheet dated 28.05.2022, cognizance order dated 13.03.2023 as well as the entire proceedings of Criminal Case No.1236 of 2023 (FIR No.0164 of 2022) State vs. Shoab Khan, for the offence punishable under Sections 323, 498-A and 506 of IPC and Section 3/4 of Dowry Prohibition Act registered at Police Station Vanbhoolpura, District Udham Singh Nagar pending in the court of learned Judicial Magistrate Ist Haldwani, District Nainital.
7.
Learned counsel for the parties have filed their respective affidavits along with the compounding application stating therein that they do not wish to pursue the present criminal case any further and a compromise has been entered between them.
2025:UHC:5241
8. Learned State Counsel has opposed the compounding application.
9. Heard learned counsel for the parties and perused the material available on record.
10. 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.
11. Having heard learned counsel for the parties and in view of the above, the compounding application is allowed. The charge sheet dated 28.05.2022, cognizance order dated 13.03.2023 as well as the entire proceedings of Criminal Case No.1236 of 2023 (FIR No.0164 of 2022) State vs. Shoab Khan, for the offence punishable under Sections 323, 498-A and 506 of IPC and Section 3/4 of Dowry Prohibition Act registered at Police Station Vanbhoolpura, District Udham Singh Nagar pending in the court of learned Judicial Magistrate Ist Haldwani, District Nainital are hereby quashed.
12. Accordingly instant Criminal Misc. Application stands disposed of.
(Ashish Naithani, J.)
20.06.2025 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: 2025.06.23 15:27:05 +05'30'