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2025:UHC:7366 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 20THAUGUST, 2025
CRIMINAL MISCELLANEOUS APPLICATION NO. 1269 OF 2025 Vikas Saini and Others
..... Applicants Versus
State of Uttarakhand and Another ..…Respondents
Counsel for the Applicants
: Mr. Tapan Singh, Advocate. Counsel for the Respondent : Mr. Deepak Bhardwaj, No.1
Brief Holder. Counsel for the Respondent no.2/ : Mr. Nikhil Kushwaha, Informant. Advocate. Hon’ble Alok Kumar Verma,J.
The present Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been preferred for quashing the entire proceedings of Criminal Case No. 32 of 2024, “State vs. Vikas Saini and Others”, pending before the court of Judicial Magistrate/ Ist Additional Civil Judge, Roorkee, District Haridwar. 2. Subsequent to the submission of the charge- sheet, the learned Magistrate took cognizance and passed the summoning order against the applicant nos.1 to 3 under Sections 323, 498A, 504 of the Indian Penal Code, 1860, Section 3 and Section 4 of the Dowry Prohibition Act, 1961 and the applicant nos.4 and 5 are summoned for the 1
2025:UHC:7366 offence under Section 498A of the Indian Penal Code, 1860, Section 3 and Section 4 of the Dowry Prohibition Act, 1961. 3. Heard Mr. Tapan Singh, learned counsel for the applicants, Mr. Deepak Bhardwaj, learned Brief Holder for the respondent no.1 and Mr. Nikhil Kushwaha, learned counsel for the respondent no.2/informant. 4. All the applicants are present through video conferencing. They are identified by Mr. Tapan Singh, Advocate. 5. The respondent no.2 – informant is present through video conferencing. She is identified by Mr. Nikhil Kushwaha, Advocate. 6. The applicant no.1 is the husband of the informant and the remaining applicants are family members of the applicant no.1. 7. Both, the applicants and the respondent no.2 submitted that they have settled their disputes amicably and reached to compromise pursuant to which, they have filed a Compounding Application (IA No.01 of 2025) with their affidavits. They further submitted that they have filed the compounding application and affidavits with their free will and without any pressure. 8. The respondent no.2 further submitted that she does not want to proceed with the said criminal case. Both, 2
2025:UHC:7366 the applicants and the respondent no.2 have requested to quash the entire proceedings of Criminal Case No.32 of
2024. 9.
Learned counsel for the State submitted that there were matrimonial disputes between the parties and they have settled their disputes amicably, therefore, the State has no objection to the Compounding Application. 10. Considering the totality of the matter, this Court is of the view that ends of justice would be met if the entire proceedings of Criminal Case No. 32 of 2024, “State vs. Vikas Saini and Others”, pending before the court of Judicial Magistrate/ Ist Additional Civil Judge, Roorkee, District Haridwar, are quashed. 11. Resultantly, the present Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and the entire proceedings of Criminal Case No. 32 of 2024, “State vs. Vikas Saini and Others”, pending before the court of Judicial Magistrate/ Ist Additional Civil Judge, Roorkee, District Haridwar, are hereby quashed. ___________________ ALOK KUMAR VERMA, J.
Date: 20.08.2025 Pant/
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