Extracted from the PDF above. The PDF is authoritative.
SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
2025:UHC:6436
IA No.1 of 2025 (Compromise Application) With C528 No.770 of 2025
Hon’ble Ashish Naithani, J.
Ms. Aishwarya Thapliyal, learned counsel holding brief of Mr. Abhishek Verma, learned counsel for the Applicant.
2. Mr. N.S. Kanyal, learned AGA, for the State of Uttarakhand/1.
3. Mr. Arjun Arora, learned counsel for the Respondent No.2.
4. As per the order of the coordinate Bench dated 09.06.2025, whereby the Court considered the compounding application (IA No.1 of 2025), that had been filed along with the affidavit of Applicant and Respondent No.2. The coordinate Bench had
directed the parties to appear before the Secretary, Tehsil Legal Services Authority, Kashipur, District Udham Singh Nagar on 12.06.2025 at a given time. Further, a direction had been passed for the Applicant to deposit a cost of Rs.50,000/- in the concerned Trial Court within seven days from today. 5. The report of learned Secretary, Tehsil Legal Services Authority Kashipur, District Udham Singh Nagar, has been submitted, whereby parties have been identified. As per submission of the learned counsel for the Applicant on the last date fixed i.e. on 21.07.2025, the amount of Rs.50,000/- as stipulated has been deposited, for which a copy of the receipt is being submitted attested by learned counsel for the Applicant Mr. Abhishek Verma. Learned counsel appearing on behalf of the Respondent No.2 asserts the submission of the same receipt. 6. In the present Application filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, the Applicant has put a challenge to the entire proceedings of Criminal Case No.657 of 2024 “State Vs. Gursewak Singh” for the offences punishable
under Sections 420, 504 and 506 of IPC, pending before the court of learned Judicial Magistrate, Kashipur, District Udham Singh Nagar. 7. Along with C528 application of BNSS, there is a compromise application with a prayer that the parties have settled the matter on the basis of the compromise and the matter may be decided accordingly. 8. Applicant and the private Respondent No.2 are present before this Court through video conferencing, who has been duly identified by their respective counsel. 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 Criminal Case No.657 of 2024 “State Vs.
Gursewak Singh” for the offences punishable under Sections 420, 504 and 506 of IPC, pending before the court of learned Judicial Magistrate, Kashipur, District Udham Singh Nagar, are quashed. 12. In view of the above, the compromise application is allowed. The entire proceedings of Criminal Case No.657 of 2024
“State Vs. Gursewak Singh” for the offences punishable under Sections 420, 504 and 506 of IPC, pending before the court of
learned Judicial Magistrate, Kashipur, District Udham Singh Nagar, 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.) 22.07.2025 Nitesh/