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2025 DAILYLAW 9022 (UTT)

ANITA NEGI AND ANR v. STATE OF UTTARAKHAND

C528/1110/2025 · 2025-07-14

Ashish Naithani

body2025

Judgment text

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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:6090 C528 No.1110 of 2025 HON’BLE ASHISH NAITHANI, J. Mr. Sandeep Kothari, learned counsel for the Applicants. 2. Mr. Vipul Painuly, learned AGA, for the State of Uttarakhand/1. 3. Ms. Aananya Jain, learned counsel for the Respondent nos.2 and 3. 4. In the present Application filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, the Applicants have put a challenge to the entire proceedings of Criminal Case No.04/2023, “State Vs. Suraj Pailu and another”, under Sections 419 and 120-B of IPC, and under Sections 66-D, 67 and 67-A of the IT Act, which is pending in the court of learned Judicial Magistrate, Gairsain, District Chamoli. 5. Applicants and Respondent no.2 are present in person. Respondent no.3 – Munni Devi Negi, is present before this Court through VC, who are duly identified by their respective counsels. 6. Respondent no.2, who suppose to be the father of Respondent no.3, who is victim in the present matter, makes a statement before this Court that since his daughter Respondent no.3, is got married and wants to move further; and wishes that he does not want to proceed with the matter any further, and so does his daughter Respondent no.3 – Munni Devi Negi, who is appearing online. Learned counsel for the private Respondents – Ms. Aananya Jain, affirms the statement made by Respondent no.2 – Anand Singh Kanwasi. 7. Learned counsel for the Applicants makes a statement that the photographs in question of Respondent no.3 Munni Devi Negi, for which the allegations against the applicants is that that they had circulated the photographs of Respondent no.3; the very instrument the phone was confiscated and held by the learned Trial Court. 8. In view of this Court, whether question still remains that the photographs alleged to have been already in circulation? 9. In regards to the photographs in question, the applicants make a statement before this Court further that whatever remains in the internet/cloud will be deleted. 10. With this condition along with direction that the very instrument on which the photographs had been stored, will be destroyed along with the Sim card, if any, or the data card, if any, compounding application is allowed. 11. 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 Applicants and private Respondent nos.2 and 3. 12. 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. 13. Heard learned counsel for the parties and perused the material available on record. 14. 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. 15. 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.04/2023, “State Vs. Suraj Pailu and another”, under Sections 419 and 120-B of IPC, and under Sections 66-D, 67 and 67-A of the IT Act, which is pending in the court of learned Judicial Magistrate, Gairsain, District Chamoli, are quashed. 16. In view of the above, the compounding application is allowed. The entire proceedings of Criminal Case No.04/2023, “State Vs. Suraj Pailu and another”, under Sections 419 and 120-B of IPC, and under Sections 66-D, 67 and 67-A of the IT Act, which is pending in the court of learned Judicial Magistrate, Gairsain, District Chamoli, are hereby quashed. 17. 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/