Extracted from the PDF above. The PDF is authoritative.
2025:UHC:5890 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.737 of 2025 Hon’ble Ashish Naithani, J.
Mr. Niranjan Bhatt, learned counsel for the Applicants.
2. Mr. Vipul Painuly, learned AGA for the State.
3. Mr. Nivesh Bahuguna, learned counsel for Respondent no.2.
4. Present application has been filed by the Applicants under Section 528 of B.N.S.S. alongwith compounding application and the same is supported with the affidavits of Applicants and Respondent no.2.
5. Applicants 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, Applicants have sought quashing of the Charge sheet dated 05.11.2022, summoning order dated 20.01.2023 as well as the entire proceedings of Criminal Case No.649 of 2023, State vs. Manoj Kothari & Others for the offence punishable under Section 498-A IPC pending in the court of learned A.C.J.M/6th Additional Civil Judge (S.D.) Dehradun.
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.
8. Learned State Counsel has raised a preliminary objection that some of the offences are not compoundable.
2025:UHC:5890
9. Heard learned counsel for the parties and perused the material available on record.
10. The Coordinate Bench of this Court vide
order dated 04.06.2025 had directed the Secretary, District Legal Services Authority, Dehradun to file a report before the next date of listing. The Secretary, District Legal Services Authority, Dehradun had filed a report, and submits a report that the parties have settled their dispute and they do not want to pursue the matter, any further.
11. 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.
12. Having heard learned counsel for the parties and in view of the above, the compounding application is allowed. The Charge sheet dated 05.11.2022, summoning order dated 20.01.2023 as well as the entire proceedings of Criminal Case No.649 of 2023, State vs. Manoj Kothari & Others for the offence punishable under Section 498-A IPC pending in the court of learned A.C.J.M/6th Additional Civil Judge (S.D.) Dehradun are hereby quashed.
13. Accordingly instant Criminal Misc. Application stands disposed of.
(Ashish Naithani, J.)
08.07.2025 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: 2025.07.10 10:22:19 +05'30'