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2025:UHC:6156 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. 200 of 2024 Hon’ble Ashish Naithani, J.
Mr. D. K. Sharma, learned Senior Counsel for the Applicants. 2. Mr. G.C Joshi, learned A.G.A. for the State of Uttarakhand. 3. Mr. S.S. Patwal, 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 Applicant Nos. 1 and 2-Ashok Kumar Gupta, S/o Naththi Lal Gupta and Smt. Vinita Gupta, W/o Ashok Kumar Gupta, respectively against Respondent No. 2-Smt. Shalu, D/o Ravindra Kumar Gupta, seeking quashing of the charge-sheet dated 25.01.2024, the summoning order dated 03.05.2024 and the entire proceedings of Criminal Case No. 3386 of 2024, “State vs. Ankur Gupta and Others”, for offences punishable under Sections 498A, 323 of the Indian Penal Code, 1860, and under Sections 3 and 4 of the Dowry Prohibition Act, 1961, pending before the Court of the learned Chief Judicial Magistrate, Haridwar. 5. Along with the present application under Section 528, a joint Compounding Application (I.A. No. 1 of 2025) has been filed, duly signed by the parties and supported by their respective affidavits. It is stated therein that the parties have amicably settled the matter and request that the case be compounded accordingly. 6. Today, Applicant No. 1- Ashok Kumar Gupta and Applicant No. 2-Smt. Vinita Gupta are present through video conferencing before the Court and are duly
2025:UHC:6156 identified by Mr. D.K. Sharma, Senior Advocate. Respondent No. 2- Smt. Shalu is also present through video conferencing before the Court and is duly identified by Mr. S.S. Patwal, Advocate. 7. The Court also interacted with Respondent No. 2. During the interaction, she stated that she has no objection to the compounding application being allowed. 8. Heard learned counsel for the parties and perused the material available on record. 9. In light of the legal principles laid down by the 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. 10.
Per contra, the learned State Counsel raised a preliminary objection, contending that some of the offences are non-compoundable. 11. 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. 3386 of 2024, “State vs. Ankur Gupta and Others”, for offences punishable under Sections 498A, 323 of the Indian Penal Code, 1860, and under Sections 3 and 4 of the Dowry Prohibition Act, 1961, pending before the Court of the learned Chief Judicial Magistrate, Haridwar. 12. Accordingly, the Compounding Application is allowed. The entire proceedings of Criminal Case No. 3386 of 2024, “State vs. Ankur Gupta and Others”, for
2025:UHC:6156 offences punishable under Sections 498A, 323 of the Indian Penal Code, 1860, and under Sections 3 and 4 of the Dowry Prohibition Act, 1961, pending before the Court of the learned Chief Judicial Magistrate, Haridwar, are hereby quashed qua the present Applicants only. 13. The Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is accordingly disposed of. (Ashish Naithani, J.) 15.07.2025 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=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b1 c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18F E29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.07.15 17:13:12 +05'30'
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