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2025 DAILYLAW 6469 (UTT)

AKASH AGRAWAL AND ANR v. STATE OF UTTARAKHAND

C528/635/2025 · 2025-06-25

Ashish Naithani

Transfer Petitionbody2025

Judgment text

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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:5372 IA No.01 of 2025 (Compounding Application) With C528 No.635 of 2025 HON’BLE ASHISH NAITHANI, J. Mr. Pawan Mishra, learned counsel for the Applicants. 2. Mr. Vipul Painuly, learned AGA for the State of Uttarakhand/1. 3. Ms. Rajni Rangwal, learned counsel for the private respondent no.2. 4. The present Application has been filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023, to quash the entire proceedings of Criminal Case No.6239 of 2023, “State Vs. Akash Agrawal and another”, under Sections 323, 498-A and 504 of IPC and under Section ¾ of Dowry Prohibition Act, pending in the court of learned Chief Judicial Magistrate, Dehradun. 5. 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. 6. 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. 7. Heard learned counsel for the parties and perused the material available on record. 8. 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. 9. 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 Criminal Case No.6239 of 2023, “State Vs. Akash Agrawal and another”, under Sections 323, 498-A and 504 of IPC and under Section ¾ of Dowry Prohibition Act, pending in the court of learned Chief Judicial Magistrate, Dehradun, are hereby quashed. 10. In view of the above, the compounding application is allowed. The entire proceedings of Criminal Case No.6239 of 2023, “State Vs. Akash Agrawal and another”, under Sections 323, 498-A and 504 of IPC and under Section ¾ of Dowry Prohibition Act, pending in the court of learned Chief Judicial Magistrate, Dehradun, are hereby quashed 11. The Criminal Miscellaneous Application, filed under 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023, is disposed of accordingly. (ASHISH NAITHANI, J.) 25.06.2025 Nitesh/