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2025 DAILYLAW 9203 (UTT)

ARVIND KUMAR v. STATE OF UTTARAKHAND

C528/1183/2025 · 2025-07-21

Ashish Naithani

body2025

Judgment text

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SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 2025:UHC:6327 IA No.1 of 2025 (Compounding Application) With C528 No.1183 of 2025 Hon’ble Ashish Naithani, J. Mr. Aditya Singh, learned counsel for the Applicant through VC. 2. Mr. Akshay Latwal, learned AGA, for the State of Uttarakhand/1. 3. Ms. Poonam Rauthan, learned counsel holding brief of Mr. Rajat Mittal, learned counsel for the Respondent no.2. 4. In the present Application filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, the Applicant has put a challenge to the entire proceedings of Criminal Case No.1438/2022, “State Vs. Arvind Kumar”, under Sections 498-A, 323, 504 and 506 of IPC, which is pending in the court of learned VI Additional Civil Judge/A.C.J.M., Dehradun. 5. Learned counsel for the Applicant appearing through online video conferencing makes a statement that the parties have come into the terms of the compromise, and since it is a matrimonial discord, they are present before this Court with the request that the matter may be disposed of in light of the compounding application (IA No.1 of 2025). 6. Applicant and the Respondent No.2 are present before this Court in person. On putting a query in regards to the compounding application, both the parties assent for the same, and make a statement that there is a mutual divorce proceedings being carried out, to which both they agreed. 7. 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. 8. 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. 9. Heard learned counsel for the parties and perused the material available on record. 10. 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. 11. 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.1438/2022, “State Vs. Arvind Kumar”, under Sections 498-A, 323, 504 and 506 of IPC, which is pending in the court of learned VI Additional Civil Judge/A.C.J.M., Dehradun, are quashed. 12. In view of the above, the compounding application is allowed. The entire proceedings of Criminal Case No.1438/2022, “State Vs. Arvind Kumar”, under Sections 498-A, 323, 504 and 506 of IPC, which is pending in the court of learned VI Additional Civil Judge/A.C.J.M., Dehradun, are hereby quashed. 13. The Criminal Miscellaneous Application, filed under 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 is disposed of accordingly. (Ashish Naithani, J.) 21.07.2025 Nitesh/ NITESH RAWAT Digitally signed by NITESH RAWAT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bea38a9cb7bca67cc3988ad93d563d95c70eb77fa0ea4758e401cf436bdce9f b, postalCode=263001, st=UTTARAKHAND, serialNumber=F691686B3C447434E89897BCDC0B6567DCE4B7108B324FFED3C8A15 9F3BDD03C, cn=NITESH RAWAT Date: 2025.07.22 10:08:01 +05'30'