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2025:UHC:6460 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. 1128 of 2025 Hon’ble Ashish Naithani, J.
Mr. Nalin Saun, learned counsel for the Applicant. 2. Mr. Akshay Latwal, learned A.G.A. for the State of Uttarakhand. 3. Mr. Subhash Joshi, 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 the Applicant – Kunal Arora against Respondent No. 2- Smt. Kanika Arora, seeking quashing of the charge-sheet dated 22.11.2023, the summoning/cognizance order dated 02.02.2024 and the entire proceedings of Criminal Case No. 646 of 2024, “State vs. Kunal Arora”, for offences punishable under Sections 406, 420 and 120B of the Indian Penal Code, 1860, pending before the Court of the learned Chief Judicial Magistrate, Dehradun. 5. Today, the matter is listed for disposal of the Compounding Application (IA No. 01 of 2025, Paper No. 63) filed along with the C-528 Application, wherein it is stated that the parties have entered into terms of compromise. 6. Today, the Applicant-Kunal Arora S/o Late Shri Surendra Kumar Arora and Respondent No. 2-Smt. Kanika Arora W/o Kunal Arora, the Applicant have made their appearance through video conferencing and are duly identified by their respective counsels. 7. Upon hearing the parties and on perusal of the records, I find sufficient grounds for the Compounding Application to be allowed. 8. In light of the legal principles laid down by the
2025:UHC:6460 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. 9. Per contra, the learned State Counsel raised a preliminary objection, contending that some of the offences are non-compoundable. 10.
Considering the overall facts and circumstances of the case, this Court is of the view that the ends of justice would be met by quashing the entire proceedings of Criminal Case No. 646 of 2024, “State vs. Kunal Arora”, for offences punishable under Sections 406, 420 and 120B of the Indian Penal Code, 1860, pending before the Court of the learned Chief Judicial Magistrate, Dehradun. 11. Accordingly, the Compounding Application is allowed. The entire proceedings of Criminal Case No. 646 of 2024, “State vs. Kunal Arora”, for offences punishable under Sections 406, 420 and 120B of the Indian Penal Code, 1860, pending before the Court of the learned Chief Judicial Magistrate, Dehradun, are hereby quashed qua the present Applicant only. 12. The Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is accordingly disposed of. (Ashish Naithani, J.) 23.07.2025 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: 2025.07.23 18:46:40 +05'30'
2025:UHC:6460