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2025 DAILYLAW 8427 (UTT)

RAJESH ARYA v. STATE OF UTTARAKHAND

C528/983/2025 · 2025-07-14

Ashish Naithani

Transfer Petitionbody2025

Judgment text

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:6087 C528 No.983 of 2025 HON’BLE ASHISH NAITHANI, J. Mr. Saurav Adhikari, learned counsel for the Applicant. 2. Mr. Vipul Painuly, learned AGA, for the State of Uttarakhand/1. 3. Mr. B.S. Bora, learned counsel for the Respondent no.2. 4. Supplementary affidavit on behalf of respondent no.2, is taken on record. 5. 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.753/2024, “State Vs. Rajesh Arya”, under Sections 323, 498-A, 504 and 506 of IPC, and under Sections ¾ of Dowry Prohibition Act, 1961, which is pending in the court of learned Additional Chief Judicial Magistrate, Ramnagar, District Nainital. 6. Along with C528 application, a compounding application (IA No.1 of 2025) 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 and Respondent no.2 are present in person before this Court, who are duly identified by their respective counsels. 7. 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. 8. Heard learned counsel for the parties and perused the material available on record. 9. 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. 10. 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.753/2024, “State Vs. Rajesh Arya”, under Sections 323, 498-A, 504 and 506 of IPC, and under Sections ¾ of Dowry Prohibition Act, 1961, which is pending in the court of learned Additional Chief Judicial Magistrate, Ramnagar, District Nainital, are quashed. 11. In view of the above, the compounding application is allowed. The entire proceedings of Criminal Case No.753/2024, “State Vs. Rajesh Arya”, under Sections 323, 498-A, 504 and 506 of IPC, and under Sections ¾ of Dowry Prohibition Act, 1961, which is pending in the court of learned Additional Chief Judicial Magistrate, Ramnagar, District Nainital, are hereby quashed. 12. The Criminal Miscellaneous Application, filed under 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 is disposed of accordingly. (ASHISH NAITHANI, J.) 14.07.2025 Nitesh/