Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 8981 (UTT)

ANOOP SINGH TARIYAL v. STATE OF UTTARAKHAND

C528/1109/2025 · 2025-07-14

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:6055 C528 No.1109 of 2025 HON’BLE ASHISH NAITHANI, J. Mr. Karan Anand, learned counsel for the Applicant. 2. Mr. Prabhat Kandpal, learned Brief Holder, for the State of Uttarakhand/1. 3. Mr. Aayush Gaur, learned counsel for the Respondent no.2. 4. The present Application has been filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, to quash the entire proceedings of Criminal Case No.205/2023, “State Vs. Anoop Tariyal”, under Sections 498-A, 323, 504 and 506 of IPC and under Sections ¾ of Dowry Prohibition Act, which is pending in the court of learned Judicial Magistrate Doiwala, District Dehradun. 5. Along with C528 application, a compounding application (IA No.1 of 2025) has been signed by the parties and has been filed, which is duly supported by separate affidavits of Applicant and private Respondent no.2. Applicant and Respondent no.2 are present through VC before this Court, who are duly identified by their respective counsels. Learned counsel for the Applicant makes a statement that the parties have come into the terms of the compromise as they have been living separately and do not wish to proceed further with any litigation. 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 entire proceedings of Criminal Case No.205/2023, “State Vs. Anoop Tariyal”, under Sections 498-A, 323, 504 and 506 of IPC and under Sections ¾ of Dowry Prohibition Act, which is pending in the court of learned Judicial Magistrate Doiwala, District Dehradun, are hereby quashed. 10. In view of the above, the compounding application is allowed. The entire proceedings of Criminal Case No.205/2023, “State Vs. Anoop Tariyal”, under Sections 498-A, 323, 504 and 506 of IPC and under Sections ¾ of Dowry Prohibition Act, which is pending in the court of learned Judicial Magistrate Doiwala, District Dehradun, are hereby quashed. 11. The Criminal Miscellaneous Application, filed under 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 is disposed of accordingly. (ASHISH NAITHANI, J.) 14.07.2025 Nitesh/