Extracted from the PDF above. The PDF is authoritative.
SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGES’S ORDERS
2025:UHC:5739
C528 No.631 of 2025 HON’BLE ASHISH NAITHANI, J.
Mr. Abhishek Joshi, learned counsel for the Applicants.
2. Mr. Virendra Singh Rawat, learned DAG, for the State of Uttarakhand/1.
3. Mr. Mukesh Rawat, learned counsel holding brief of Ms. Reema Rana, learned counsel for the Respondent no.2.
4.
Learned counsel for the Respondent no.2 – Riccha Aggrawal, makes a statement before this Court that much efforts had been made to intimate the Respondent no.2 – Riccha Aggrawal, and her presence is required before this Court, but there is no response from her side. In this regard, learned counsel for the Respondent no.2 further makes a statement that Respondent no.2, did, however, reacted to E-mail, which was sent, but still there was no response in this regard. He further submits that the E-mail receiving and being seen actively in the E-mail Account, which is supported by the affidavit also has been produced before this Court. He further makes a statement that by mutual consent, divorce has been granted between the parties under Section 13-B of the Hindu Marriage Act.
5. From the perusal, it is clear that despite all efforts being made through counsel, as per direction of this Court, Respondent no.2 does not show any interest. Therefore, the Court takes it as her assent for deciding the present Compounding Application (IA
No.1 of 2025)
6. The present Application has been filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, to quash the entire proceedings of Criminal Case No.2692/2022, “State Vs. Abhishek Bhandari and others”, under Sections 323, 504, 506 and 498-A of IPC and under Sections ¾ of Dowry Prohibition Act, 1961 pending in the court of learned Additional Chief Judicial Magistrate, Haldwani, Nainital.
7. Along with C528 application, a compounding application has been signed by the parties and has been filed, which is duly supported by separate affidavits of applicants and private respondent no.2.
8.
Learned counsel for the parties have filed their respective affidavits along with the compounding application stating therein that they do not want to pursue the present criminal case any further and a settlement has reached between them.
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 Hon'ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303 as well as in Transfer Petition (Criminal) No. 115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, 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 interested to restore peace and harmony between them.
11. Keeping in view of the totality of the facts and circumstances of the case, this Court is of the view that ends of justice would be met, if the entire proceedings of entire
proceedings of Criminal Case No.2692/2022, “State Vs. Abhishek Bhandari and others”, under Sections 323, 504, 506 and 498-A of IPC and under Sections ¾ of Dowry Prohibition Act, 1961 pending in the court of learned Additional Chief Judicial Magistrate, Haldwani, Nainital, are hereby quashed.
12. In view of the above, the compounding application is allowed. The entire proceedings of entire proceedings of Criminal Case No.2692/2022, “State Vs. Abhishek Bhandari and others”, under Sections 323, 504, 506 and 498-A of IPC and under Sections ¾ of Dowry Prohibition Act, 1961 pending in the court of learned Additional Chief Judicial Magistrate, Haldwani, Nainital, are hereby quashed
13. The Criminal Miscellaneous Application, filed under 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 is disposed of accordingly.
(ASHISH NAITHANI, J.)
04.07.2025 Nitesh/