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2025 DAILYLAW 8488 (UTT)

DIGVIJAY CHAUHAN AND ANR v. STATE OF UTTARAKHAND

C528/988/2025 · 2025-07-07

Ashish Naithani

body2025

Judgment text

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SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 2025:UHC:5817 C528 No.988 of 2025 With (Compounding Appl. No.01 of 2025) Hon’ble Ashish Naithani, J. Mr. Aditya Pratap Singh, learned counsel for the Applicants. 2. Mr. Girish Chandra Joshi, learned AGA for the State of Uttarakhand. 3. Mr. Ravi Bisht, 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 through V.C. They are duly identified by their respective counsel. 6. By means of this C528 application, Applicants-Digvijay Chauhan and Smt. Anjali Chauhan have sought quashing of the summoning order dated 15.05.2024, charge sheet dated 08.06.2023 (Case Crime No.61 of 2023) as well as the further proceedings of Criminal Case No.3765 of 2024 passed by Judicial Magistrate First, Dehradun, District Dehradun for the offence punishable under Sections 323, 498-A, 504, 506 of IPC and Section 3/4 of Dowry Prohibition Act registered at P.S. Basant Vihar, District 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 objection to the compounding application. 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 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. 11. Having heard learned counsel for the parties and in view of the above, the compounding application is allowed. The summoning order dated 15.05.2024, charge sheet dated 08.06.2023 (Case Crime No.61 of 2023) as well as the further proceedings of Criminal Case No.3765 of 2024 passed by Judicial Magistrate First, Dehradun, District Dehradun for the offence punishable under Sections 323, 498-A, 504, 506 of IPC and Section 3/4 of Dowry Prohibition Act registered at P.S. Basant Vihar, District Dehradun are hereby quashed. 12. Accordingly instant Criminal Misc. Application stands disposed of. (Ashish Naithani, J.) 07.07.2025 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: 2025.07.09 15:38:07 +05'30'