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High Court of Uttarakhand · body

2025 DAILYLAW 8887 (UTT)

ROHIT LOHANI v. STATE OF UTTARAKHAND

C528/1083/2025 · 2025-07-10

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:5952 IA No.01 of 2025 (Compounding Application) In C528 No.1083 of 2025 HON’BLE ASHISH NAITHANI, J. Mr. Anil Kumar Joshi, learned counsel for the Applicant. 2. Mr. Rakesh Negi, learned Brief Holder, for the State of Uttarakhand/1. 3. Mr. Naval Pandey, learned counsel for the respondent no.2 – Pooja Lohani @ Pooja Joshi. 4. The present Application has been filed under Section C528 of BNSS, 2023, to quash the impugned chargesheet no.1, dated 16.09.2024 and summoning order dated 28.03.2025, in Criminal Case No.718 of 2025, “State Vs. Rohit Lohani”, under Section 498-A of IPC, pending in the court of learned Judicial Magistrate, 2nd, Haldwani, District Nainital. 5. Along with C528 application, a compounding application has been signed by the parties and has been filed, which is duly supported by separate affidavits of applicant and private respondent no.2, who are present in person before this Court, and are duly identified by their respective counsels. Respondent no.2 Pooja Lohani @ Pooja Joshi, submits that she has received an amount of Rupees Six Lakh, and she will be receiving the remaining amount of Rupees Nine Lakh, after final adjudication in the suit filed under Section 13B of the Hindu Marriage Act. 6. 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. 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 impugned chargesheet no.1, dated 16.09.2024 and summoning order dated 28.03.2025, passed in Criminal Case No.718 of 2025, “State Vs. Rohit Lohani”, under Section 498-A of IPC, pending in the court of learned Judicial Magistrate, 2nd , Haldwani, District Nainital, are hereby quashed. 10. In view of the above, the compounding application is allowed. The entire proceedings of Criminal Case No.718 of 2025, “State Vs. Rohit Lohani”, under Section 498-A of IPC, pending in the court of learned Judicial Magistrate, 2nd , Haldwani, District Nainital, are hereby quashed 11. The Criminal Miscellaneous Application, filed under 528 of BNSS, 2023 is disposed of accordingly. (ASHISH NAITHANI, J.) 10.07.2025 Nitesh/