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2025:UHC:6113 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. 1084 of 2025 Hon’ble Ashish Naithani, J.
Mr. Amit Kapri, learned counsel for the Applicants. 2. Mr. Akshay Latwal, learned A.G.A. for the State of Uttarakhand. 3. Mr. Deep Prakash Bhatt, 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 Nos. 1 and 2-Vivek Rawat, S/o Late Kishan Singh Rawat, and Smt. Yashoda Devi, W/o Late Kishan Singh Rawat, respectively against Respondent No. 2-Smt. Kanchan, W/o Vikas Singh Rawat, seeking quashing of the entire proceedings of Criminal Case No. 1093 of 2024 (Case Crime No. 66 of 2023), “State vs. Vivek Rawat and Another”, for offences punishable under Sections 498A, 323, and 504 of the Indian Penal Code, 1860, and under Sections 3 and 4 of the Dowry Prohibition Act, 1961, pending before the Court of the learned Additional Chief Judicial Magistrate, Vikas Nagar, Dehradun. 5. Mr. Amit Kapri, learned counsel for the Applicants states that due to a typographical error, Respondent No. 2 has been incorrectly described as the wife of Vikas Singh Rawat, whereas she is, in fact, the wife of Applicant No. 1- Vivek Rawat. He seeks correction of the said error. 6. The typographical error is directed to be corrected forthwith. 7. Along with the present application under Section 528, a joint Compounding Application (I.A. No. 1 of
2025:UHC:6113 2025) has been filed, duly signed by the parties and supported by their respective affidavits. It is stated therein that the parties have amicably settled the matter and request that the case be compounded accordingly. 8. Today, Applicant No. 1- Vivek Rawat and Applicant No. 2- Smt. Yashoda Devi, is present before the Court through video conferencing and were duly identified by Mr. Amit Kapri, Advocate. Respondent No. 2- Smt. Kanchan is also present through video conferencing and has been duly identified by Mr. Deep Prakash Bhatt, Advocate. 9. The Court interacted with Respondent No. 2. During the interaction, she confirmed that the statement made by the learned counsel for the Applicants regarding the compromise is correct and that she has no objection to the Compounding Application being allowed. 10. Heard learned counsel for the parties and perused the material available on record. 11.
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. 12. Per contra, the learned State Counsel raised a preliminary objection, contending that some of the offences involved are non-compoundable. 13. Considering the overall facts and circumstances of the case, this Court is of the view that the ends of
2025:UHC:6113 justice would be met by quashing the entire proceedings of Criminal Case No. 1093 of 2024 (Case Crime No. 66 of 2023), “State vs. Vivek Rawat and Another”, for offences punishable under Sections 498A, 323, and 504 of the Indian Penal Code, 1860, and under Sections 3 and 4 of the Dowry Prohibition Act, 1961, pending before the Court of the learned Additional Chief Judicial Magistrate, Vikas Nagar, Dehradun. 14. Accordingly, the Compounding Application is allowed. The entire proceedings of Criminal Case No. 1093 of 2024 (Case Crime No. 66 of 2023),
“State vs. Vivek Rawat and Another”, for offences under Sections 498A, 323, and 504 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, pending before the Court of the learned Additional Chief Judicial Magistrate, Vikas Nagar, Dehradun, are hereby quashed qua the present Applicants only. 15. The Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is accordingly disposed of. (Ashish Naithani, J.) 15.07.2025 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=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.07.15 17:13:57 +05'30'
2025:UHC:6113