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:6635
IA No.1 of 2025 (Compounding Application) With C528 No.1001 of 2025
Hon’ble Ashish Naithani, J.
Mr. Abhishek Joshi, learned counsel for the Applicants.
2. Mr. G.C. Joshi, learned AGA, for the State of Uttarakhand/1.
3. Ms. Reema Rana, learned counsel for the Respondent No.2.
4. In the present Application filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, the Applicants have put a challenge to the entire proceedings of Criminal Case No.1086 of 2022 “State Vs. Kishor Paliwal and another” for the offences punishable under Sections 354, 504, 506 & 498-A of IPC and under Section ¾ of the Dowry Prohibition Act, pending before the court of learned Additional Chief Judicial Magistrate, Haldwani, Nainital.
5. Today the matter is listed for disposal of the compounding application Paper No.35, filed on behalf of the Applicants and private Respondent No.2, with the prayer that they have settled their dispute amicably and do not pursue the matter any further. The said document has been annexed with signatures of the Applicants and private Respondent No.2. The said document has been endorsed by the learned counsels for the parties respectively.
6.
Learned counsel for the Applicants and learned counsel for the private Respondent No.2 are present. Applicant No.1 and private Respondent No.2 are present in person before this Court. Applicant No.2 is present through VC online. The father of Respondent No.2 Sri Mahesh Chandra Joshi, is also present before this Court though not being a party, and with whom the Respondent No.2 is said to be staying with at present. The parties are being identified by their learned counsel respectively. On interacting with the parties, the ground for compounding the present matter is sufficient. Accordingly, the compounding application holds water and is allowed.
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.1086 of 2022 “State Vs. Kishor Paliwal and another” for the offences punishable under Sections 354, 504, 506 & 498-A of IPC and under Section ¾ of the Dowry Prohibition Act, pending before the court of learned Additional Chief Judicial Magistrate, Haldwani, Nainital, are quashed.
10. In view of the above, the compounding application is allowed. The entire proceedings of Criminal Case No.1086 of 2022 “State Vs. Kishor Paliwal and another” for the offences punishable under Sections 354, 504, 506 & 498-A of IPC and under Section ¾ of the Dowry Prohibition Act, pending before the court of learned Additional Chief Judicial Magistrate, Haldwani, Nainital, are hereby quashed.
11. The Criminal Miscellaneous Application, filed under 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 is disposed of accordingly.
(Ashish Naithani, J.)
30.07.2025 Nitesh/