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2025 DAILYLAW 6031 (UTT)

NISHCHHAL TRIPATHI v. STATE OF UTTARAKHAND

C528/572/2025 · 2025-08-28

Alok Kumar Verma

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:7664 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 28TH AUGUST, 2025 CRIMINAL MISCELLANEOUS APPLICATION NO.572 of 2025 Nishchhal Tripathi .....Applicant Versus State of Uttarakhand and Another ..…Respondents Counsel for the Applicant : Mr. Atul Bahuguna, Advocate with Mr. Mahavir Kohli, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, No.1 Brief Holder. Counsel for the Respondent no.2/ : Mr. Nivesh Bahuguna, Informant- victim Advocate. Hon’ble Alok Kumar Verma,J. The present Application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by the applicant to quash the entire proceedings of Criminal Case No.4327 of 2023, “State vs. Nishchhal Tripathi”, pending before the court of Chief Judicial Magistrate, Dehradun under Sections 323, 498A, 504, 506 of the Indian Penal Code, 1860, Section 3 and Section 4 of the Dowry Prohibition Act, 1961. 2. Heard Mr. Atul Bahuguna, learned counsel for the applicant, Mr. Pradeep Lohani, learned Brief Holder for the respondent no.1 and Mr. Nivesh Bahuguna, 1 2025:UHC:7664 learned counsel for the respondent no.2/informant- victim. 3. The applicant-Nishchhal Tripathi is present in-person. He is identified by Mr. Atul Bahuguna, Advocate. The respondent no.2-Neha Pandey /informant-victim, is present through video conferencing. She is identified by Mr. Nivesh Bahuguna, Advocate. 4. Both, the applicant and the respondent no.2 submitted that the respondent no.2 was granted ex- parte divorce decree by the Family Court, Dehradun in Original Suit No.91 of 2022. They further submitted that they have settled their private disputes. They have filed the Compounding Application (IA No.02 of 2025) and affidavits with their free will and without any pressure. The respondent no.2 has requested to quash the entire proceedings of Criminal Case No.4327 of 2023. 5. Mr. Pradeep Lohani, learned Brief Holder, submitted that the private parties have settled their disputes amicably, therefore, the State has no objection to the request of the respondent no.2. 6. Considering the totality of the matter, this Court is of the view that ends of justice would be met if 2 2025:UHC:7664 the entire proceedings of Criminal Case No.4327 of 2023, “State vs. Nishchhal Tripathi”, pending before the court of Chief Judicial Magistrate, Dehradun, are quashed. 7. Resultantly, the present Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and the entire proceedings of Criminal Case No.4327 of 2023, “State vs. Nishchhal Tripathi”, pending before the court of Chief Judicial Magistrate, Dehradun, are hereby quashed. ___________________ ALOK KUMAR VERMA, J. Dt:28.08.2025 Neha 3 NEHA BISHT Digitally signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a8038ee7326b08b2d0e018b01be753f 014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6BA960BFE64D819EE44C A9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.08.28 18:29:29 +05'30'