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Uttarakhand High Court
Unknown vs Arvind Chaudhary” on 17 July, 2025
2025:UHC:6219
Office Notes,
reports, orders or
SL.
proceedings or
No Date COURT'S OR JUDGE'S ORDERS
directions and
.
Registrar's order
with Signatures
C-528 No. 994 of 2025
Hon'ble Ashish Naithani, J.
Mr. Pooran Singh Rawat, learned counsel for the
Applicant.
2. Mr. Prabhat Kandpal, learned Brief Holder for the
State of Uttarakhand.
3. Ms. Babita Jalal, 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 -Aravind Singh Chaudhary
S/o Deep Chandra against Respondent No. 2-Beena
W/o Aravind Singh Chaudhary, seeking quashing of the
charge-sheet dated 15.08.2021 and the entire
proceedings of Criminal Case No. 6200 of 2021, “State
vs. Arvind Chaudhary“, for offences punishable under
Sections 323, 504, 506 and 498A of the Indian Penal
Code, 1860, pending before the Court of learned
Judicial Magistrate Ist Haldwani, District Nainital.
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 resolved their matrimonial
discord; they are currently living together; they wish to
continue doing so in the future; and they also request
that the case be compounded accordingly.
6. Today, Applicant- Aravind Singh Chaudhary is
present in-person before the Court and is duly identified
by Mr. Pooran Singh Rawat, Advocate. Respondent No.
2- Beena is also present in-person before the Court and
is duly identified by Ms. Babita Jalal, Advocate.
2025:UHC:6219
7. The Court also interacted with the parties. Upon
being questioned, both parties assented to the
averments made in the Compounding Application,
stating that they wish to live together and have settled
their matrimonial discord.
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. 6200 of 2021, “State
vs. Arvind Chaudhary“, for offences punishable under
Sections 323, 504, 506 and 498A of the Indian Penal
Code, 1860, pending before the Court of learned
Judicial Magistrate Ist Haldwani, District Nainital.
12. Accordingly, the Compounding Application is
allowed. The entire proceedings of Criminal Case No.
6200 of 2021, “State vs. Arvind Chaudhary“, for
offences punishable under Sections 323, 504, 506 and
498A of the Indian Penal Code, 1860, pending before
the Court of learned Judicial Magistrate Ist Haldwani,
District Nainital, are hereby quashed qua the present
2025:UHC:6219
Applicant only.
13. The Criminal Miscellaneous Application filed under
Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023, is accordingly disposed of.
(Ashish Naithani, J.)
17.07.2025
Shiksha
Digitally signed by SHIKSHA BINJOLA
SHIKSHA
DN: c=IN, o=HIGH COURT OF
UTTARAKHAND, ou=HIGH COURT OF
UTTARAKHAND,
2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a
2c24b5aa08b09c12f21822fbd40bf639b1c,
BINJOLA
postalCode=263001, st=UTTARAKHAND,
serialNumber=FD80A2D028949381C52796
A542D7FF0A9BED00E67B5283D205F18FE2
9BDF5DD9, cn=SHIKSHA BINJOLA
Date: 2025.07.17 13:19:32 +05’30’
2025:UHC:6219
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