Hon’Ble Ashish Naithani vs Anoop on 14 July, 2025

Uttarakhand High Court

Hon’Ble Ashish Naithani vs Anoop on 14 July, 2025

             Office Notes,
                reports,                          COURT'S OR JUDGES'S ORDERS
               orders or
             proceedings
SL.
      Date   or directions
No
                  and
              Registrar's                                                          2025:UHC:6055
              order with
              Signatures
                             C528 No.1109 of 2025
                             HON'BLE ASHISH NAITHANI, J.

Mr. Karan Anand, learned counsel for the Applicant.

2. Mr. Prabhat Kandpal, learned Brief Holder, for the State of
Uttarakhand/1.

3. Mr. Aayush Gaur, 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.205/2023, “State Vs. Anoop
Tariyal”, under Sections 498-A, 323, 504 and 506 of IPC and under
Sections ¾ of Dowry Prohibition Act, which is pending in the court
of learned Judicial Magistrate Doiwala, District Dehradun.

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
through VC before this Court, who are duly identified by their
respective counsels. Learned counsel for the Applicant makes a
statement that the parties have come into the terms of the
compromise as they have been living separately and do not wish to
proceed further with any litigation.

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 Criminal Case No.205/2023, “State
Vs. Anoop Tariyal”, under Sections 498-A, 323, 504 and 506 of IPC
and under Sections ¾ of Dowry Prohibition Act, which is pending in
the court of learned Judicial Magistrate Doiwala, District Dehradun,
are hereby quashed.

10. In view of the above, the compounding application is
allowed. The entire proceedings of Criminal Case No.205/2023,
“State Vs. Anoop Tariyal”, under Sections 498-A, 323, 504 and 506
of IPC and under Sections ¾ of Dowry Prohibition Act, which is
pending in the court of learned Judicial Magistrate Doiwala, District
Dehradun, 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/