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2025 DAILYLAW 8795 (UTT)

NAKUL ANAND v. STATE OF UTTARAKHAND

C482/1127/2021 · 2025-06-04

Pankaj Purohit

body2025

Judgment text

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2025:UHC:4516 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application U/s 482 No.1127 of 2021 04 June, 2025 Nakul Anand --Applicant Versus State Of Uttarakhand and Another --Respondents ---------------------------------------------------------------------- Presence:- Mr. Vikas Kumar Guglani, learned counsel for applicant. Mr. S.C. Dumka, learned A.G.A. for the State of Uttarakhand/respondent No.1. Mr. Pankaj Miglani, learned counsel for respondent No.2. Hon’ble Pankaj Purohit, J. (Oral) Heard learned counsel for the parties. 2. By means of the present C482 application, the applicant has put to challenge the Charge Sheet No.1 dated 28.12.2019, summoning order dated 20.02.2020 passed by the learned Chief Judicial Magistrate, Udham Singh Nagar in Criminal Complaint Case No.1200 of 2020, State of Uttarakhand Vs. Nakul Anand, in connection with FIR No.411 of 2019 dated 02.08.2019, for the offences punishable under Sections 498-A,323, 504 and 506 IPC, registered with P.S. Rudrapur, District Udham Singh Nagar as well as the entire proceedings of the aforesaid criminal case, in view of the compromise arrived at between the parties. 3. Along with the present C482 application, a joint compounding application (IA/1/2021) is filed duly supported by separate affidavits by applicant and respondent No.2. 4. In the compounding application, it has been stated by the parties that they have settled their 1 2025:UHC:4516 dispute amicably and the respondent No.2 doesn’t want to pursue with the case anymore. 5. Applicant-Nakul Anand is present before this Court, while respondent No.2-Sheenam Chawla is present through V.C., who are duly identified by their respective counsel. This Court has interacted with both the parties and it has been stated by them that they have amicably settled the dispute after having taken the mutual divorce by Nakul Anand (applicant) and Sheenam Chawla (respondent No.2) on 25.08.2021, and, therefore, they do not want to pursue with any litigations pending between them, including the present one involved in this C482 application. 6. In view of the statement made by learned counsel for the parties as well as by the parties who are present before this Court through V.C. and personally, this Court is of the view that when the amicable settlement has been arrived at between the parties, there is no point of keeping this litigation pending between them. 7. Per contra, learned State Counsel submits that since the dispute has already been settled between the parties and the divorce petition has already been granted, therefore, State has got no objection, if the matter is settled on the basis of the compromise arrived at between the parties. 8. Having considered the submission made by the learned counsel for the parties and on perusal of the compounding application as well as the 2 2025:UHC:4516 documents available on record, this Court is of the view that if the parties do not wish to pursue with the criminal proceedings anymore and they have settled their dispute amicably, it would not be useful for referring the applicant to Court to face the trial and it would amount to a futile exercise. In view of the compromise arrived at between the parties, nothing remains to be decided in the present matter. 9. Accordingly, compounding application (IA/1/2021) is allowed. The entire proceedings of Complaint Case No.1200 of 2020, State of Uttarakhand Vs. Nakul Anand, pending in the Court of Chief Judicial Magistrate, Udham Singh Nagar, is hereby quashed. Resultantly, the Charge Sheet No.1 dated 28.12.2019 and FIR No.411 of 2019 dated 02.08.2019, for the offences punishable under Sections 498-A,323, 504 and 506 IPC, registered with P.S. Rudrapur, District Udham Singh Nagar, stand quashed. 10. Accordingly, the present C482 application is allowed in terms of the compromise arrived at between the parties. 11. Interim order dated 17.11.2021 stands vacated. 12. Pending application, if any, also stands disposed of. (Pankaj Purohit, J.) 04.06.2025 PN 3 PREETI NEGI Digitally signed by PREETI NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadbe383 31bac55c78b5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FA E064498483A83D84BDB0F9229D5BF08D959AC, cn=PREETI NEGI Date: 2025.06.05 15:30:13 +05'30'