Extracted from the PDF above. The PDF is authoritative.
2025:UHC:5483 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
IA No. 01 of 2025 (Compounding Application) In C-528 No. 944 of 2025
Hon’ble Ashish Naithani, J.
Mr. Vinod Nautiyal, learned counsel for the Applicant.
2. Mr. Akshay Latwal, learned A.G.A. for the State.
3. Mr. Rajat Mittal, learned counsel for the Respondent no.2.
4. This criminal misc. application is filed under Section 528 of B.N.S.S. by the Applicant, Rahul Mamgain for quashing of the cognizance and summoning order dated 21.09.2023 passed by the learned Chief Judicial Magistrate, Dehradun in Criminal Case No.5917 of 2023, titled as “State vs. Rahul Mamgain & Ors.” for the offences punishable under Sections 498-A, 323 & 504 of IPC and Section 3/4 of Dowry Prohibition Act, Police Station Kotwali, District Dehradun (presently) as well as the charge sheet in case no. 5917 of 2023, pending in the court of learned Chief Judicial Magistrate, Dehradun in view of the compromise arrived at between the parties.
5. Along with C-528 application, a compounding application has been signed by the parties and has been filed, which is duly supported by separate affidavits of applicant and private respondent no.2. Applicant, Rahul Mamgain and respondent no.2, Sonali Arya are present before this Court through V.C., who are identified by their respective counsel.
6.
Learned counsel for the parties have filed
2025:UHC:5483 their respective affidavits along with the Compounding Application stating therein that the dispute arising out of the FIR between the parties has been settled amicable and respondent no.2 consented on her own sweet will to withdraw her complaint and also the Applicant and Respondent no.2 agreed to live separately happily and without any grudge, therefore, the proceedings initiating out of the F.I.R. in question may be quashed. The learned State counsel poses his formal objection in this regard.
7.
Learned counsel for the parties make a statement that Applicant, Rahul Mamgain will pay a total sum of Rs.45,00,000/- in one time full and final settlement/alimony/maintenance and Respondent no.2, Sonali Arya will not claim any other money and goods/items against Applicant.
8. This Court has interacted with the respective parties, whereby the Respondent no.2, Sonali Arya has stated that the Applicant has paid a sum of `20,00,000/- (Rupees Twenty Lakhs Only) vide Draft No.594247 drawn on ICICI, Shimla Bypass Branch at the time of recording of the statement in the First Motion of the petition filed before the Family Court, Dehradun and Applicant stated that he will pay a balance sum of `25,00,000/- (Twenty Five Lakhs Only) at the time of recording of the statement in the Second Motion.
9. This Court perused the record available on file, which shows that the impugned order as annexed as Paper No. 27 in this file, wherein upon the charge-sheet, the learned Chief Judicial Magistrate, Dehradun had taken cognizance against the Applicant, Rahul Mamgain and Smt. Indu Mamgain under Sections 498-A, 323, 504
2025:UHC:5483 of IPC along with Section 3/4 of Dowry Prohibition Act. Here, Smt. Indu Mamgain happens to be the mother of the Applicant. So, appropriate details be made in the file today itself.
10. By order of the Court, the learned counsel for the Applicant, Mr. Vinod Nautiyal has incorporated the appropriate details regarding the accused, Smt. Indu Mamgain.
11. In view of the above, Compounding Application (IA No.01 of 2025) is allowed. As a consequence thereof, the cognizance and summoning order dated 21.09.2023 passed by the learned Chief Judicial Magistrate, Dehradun in Criminal Case No.5917 of 2023, titled as
“State vs. Rahul Mamgain & Ors.” for the offences punishable under Sections 498-A, 323 & 504 of IPC and Section 3/4 of Dowry Prohibition Act, Police Station Kotwali, District Dehradun (presently) as well as the charge sheet in case no. 5917 of 2023, pending in the court of learned Chief Judicial Magistrate, Dehradun, are hereby quashed.
12. Present Criminal Misc. Application u/s 528 of B.N.S.S. is, thus, disposed of in terms of the compromise arrived at between the parties.
(Ashish Naithani, J.)
27.06.2025 Akash