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:5220
IA No.1 of 2025 (Compounding Application) In C528 No.718 of 2025 HON’BLE ASHISH NAITHANI, J.
Mr. Kaushal Pandey, learned counsel holding brief of Mr. Harsh Vardhan Dhanik, learned counsel for the Applicants.
2. Mr. Chitrarth Kandpal, learned Brief Holder for the State of Uttarakhand/1 and 2.
3. None present for the respondent no.3.
4. The present Application has been filed under Section 528 of BNSS, 2023 to quash the entire proceedings of Criminal Case No.32 of 2023, “State Vs. Faeem Ahmad & others”, under Sections 323, 354, 498-A, 504 and 506 of IPC and Sections 3 and 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, pending in the court of learned Civil Judge/Judicial Magistrate, Bazpur, District Udham Singh Nagar.
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.3.
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.32 of 2023, “State Vs. Faeem Ahmad & others”, under Sections 323, 354, 498-A, 504 and 506 of IPC and Sections 3 and 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, pending in the court of learned Civil Judge/Judicial Magistrate, Bazpur, District Udham Singh Nagar, are hereby quashed.
10. In view of the above, the compounding application is allowed. The entire proceedings of Criminal Case No.32 of 2023,
“State Vs. Faeem Ahmad & others”, under Sections 323, 354, 498- A, 504 and 506 of IPC and Sections 3 and 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, pending in the court of learned Civil Judge/Judicial Magistrate, Bazpur, District Udham Singh Nagar, are hereby quashed
11. The Criminal Miscellaneous Application, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.
(ASHISH NAITHANI, J.)
20.06.2025 Nitesh/