Extracted from the PDF above. The PDF is authoritative.
2025:UHC:6219 SL. No . Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
C-528 No. 994 of 2025 Hon’ble Ashish Naithani, J.
Mr. Pooran Singh Rawat, learned counsel for the Applicant. 2. Mr. Prabhat Kandpal, learned Brief Holder for the State of Uttarakhand. 3. Ms. Babita Jalal, learned counsel for the Respondent No. 2. 4. The present Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of Applicant –Aravind Singh Chaudhary S/o Deep Chandra against Respondent No. 2-Beena W/o Aravind Singh Chaudhary, seeking quashing of the charge-sheet dated 15.08.2021 and the entire proceedings of Criminal Case No. 6200 of 2021, “State vs. Arvind Chaudhary”, for offences punishable under Sections 323, 504, 506 and 498A of the Indian Penal Code, 1860, pending before the Court of learned Judicial Magistrate Ist Haldwani, District Nainital. 5. Along with the present Application under Section 528, a joint Compounding Application (I.A. No. 1 of 2025) has been filed, duly signed by the parties and supported by their respective affidavits. It is stated therein that the parties have resolved their matrimonial discord; they are currently living together; they wish to continue doing so in the future; and they also request that the case be compounded accordingly. 6. Today, Applicant- Aravind Singh Chaudhary is present in-person before the Court and is duly identified by Mr. Pooran Singh Rawat, Advocate. Respondent No. 2- Beena is also present in-person before the Court and is duly identified by Ms. Babita Jalal, Advocate. 2025:UHC:6219
7. The Court also interacted with the parties. Upon being questioned, both parties assented to the averments made in the Compounding Application, stating that they wish to live together and have settled their matrimonial discord. 8. Heard learned counsel for the parties and perused the material available on record. 9. In light of the legal principles laid down by the Hon’ble Apex Court in Gian Singh vs. State of Punjab, (2012) 10 SCC 303, and Dimpey Gujral vs. Union Territory of Chandigarh, Transfer Petition (Criminal) No. 115 of 2012, decided on 06.12.2012, this Court holds that criminal proceedings may be quashed if the matter has been amicably settled between the parties and they are inclined to restore peace and harmony. 10. Per contra, the learned State Counsel raised a preliminary objection, contending that some of the offences are non-compoundable. 11.
Considering the overall facts and circumstances of the case, this Court is of the view that the ends of justice would be met by quashing the entire proceedings of Criminal Case No. 6200 of 2021, “State vs. Arvind Chaudhary”, for offences punishable under Sections 323, 504, 506 and 498A of the Indian Penal Code, 1860, pending before the Court of learned Judicial Magistrate Ist Haldwani, District Nainital. 12. Accordingly, the Compounding Application is allowed. The entire proceedings of Criminal Case No. 6200 of 2021, “State vs. Arvind Chaudhary”, for offences punishable under Sections 323, 504, 506 and 498A of the Indian Penal Code, 1860, pending before the Court of learned Judicial Magistrate Ist Haldwani, District Nainital, are hereby quashed qua the present
2025:UHC:6219 Applicant only. 13. The Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is accordingly disposed of. (Ashish Naithani, J.) 17.07.2025 Shiksha SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a 2c24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796 A542D7FF0A9BED00E67B5283D205F18FE2 9BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.07.17 13:19:32 +05'30'
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