Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 9024 (UTT)

KARAN SETH v. STATE OF UTTARAKHAND

C528/1108/2025 · 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:6052 C528 No.1108 of 2025 HON’BLE ASHISH NAITHANI, J. Mr. Yogesh Upadhyay, learned counsel for the Applicant. 2. Mr. Prabhat Kandpal, learned Brief Holder, for the State of Uttarakhand/1. 3. Mr. Kaushal Sah Jagati, 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.1033/2024, “State Vs. Karan Seth”, under Section 498-A of IPC, FIR No.433 of 2023, P.S. Kashipur, District Udham Singh Nagar, pending in the court of learned Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar. 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 in person before this Court, who are duly identified by their respective counsels. Respondent no.2 makes a statement before this Court that she does not wish to proceed further with any litigation. She further submits that she received an amount of Rupees Thirty Eight Lakh, from the Applicant. 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 entire proceedings of Criminal Case No.1033/2024, “State Vs. Karan Seth”, under Section 498-A of IPC FIR No.433 of 2023, P.S. Kashipur, District Udham Singh Nagar, pending in the court of learned Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar, are hereby quashed. 10. In view of the above, the compounding application is allowed. The entire proceedings of entire proceedings of Criminal Case No.1033/2024, “State Vs. Karan Seth”, under Section 498-A of IPC FIR No.433 of 2023, P.S. Kashipur, District Udham Singh Nagar, pending in the court of learned Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar, 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/