Uttarakhand High Court
C528/631/2025 on 4 July, 2025
Office Notes,
reports, COURT'S OR JUDGES'S ORDERS
orders or
proceedings
SL.
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No
and
Registrar's 2025:UHC:5739
order with
Signatures
C528 No.631 of 2025
HON'BLE ASHISH NAITHANI, J.
Mr. Abhishek Joshi, learned counsel for the Applicants.
2. Mr. Virendra Singh Rawat, learned DAG, for the State of
Uttarakhand/1.
3. Mr. Mukesh Rawat, learned counsel holding brief of Ms.
Reema Rana, learned counsel for the Respondent no.2.
4. Learned counsel for the Respondent no.2 – Riccha
Aggrawal, makes a statement before this Court that much efforts
had been made to intimate the Respondent no.2 – Riccha
Aggrawal, and her presence is required before this Court, but there
is no response from her side. In this regard, learned counsel for the
Respondent no.2 further makes a statement that Respondent no.2,
did, however, reacted to E-mail, which was sent, but still there was
no response in this regard. He further submits that the E-mail
receiving and being seen actively in the E-mail Account, which is
supported by the affidavit also has been produced before this
Court. He further makes a statement that by mutual consent,
divorce has been granted between the parties under Section 13-B
of the Hindu Marriage Act.
5. From the perusal, it is clear that despite all efforts being
made through counsel, as per direction of this Court, Respondent
no.2 does not show any interest. Therefore, the Court takes it as
her assent for deciding the present Compounding Application (IA
No.1 of 2025)
6. The present Application has been filed under Section 528
of the Bhartiya Nagarik Suraksha Sanhita, to quash the entire
proceedings of Criminal Case No.2692/2022, “State Vs. Abhishek
Bhandari and others“, under Sections 323, 504, 506 and 498-A of
IPC and under Sections ¾ of Dowry Prohibition Act, 1961 pending
in the court of learned Additional Chief Judicial Magistrate,
Haldwani, Nainital.
7. Along with C528 application, a compounding application
has been signed by the parties and has been filed, which is duly
supported by separate affidavits of applicants and private
respondent no.2.
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 entire
proceedings of Criminal Case No.2692/2022, “State Vs. Abhishek
Bhandari and others“, under Sections 323, 504, 506 and 498-A of
IPC and under Sections ¾ of Dowry Prohibition Act, 1961 pending
in the court of learned Additional Chief Judicial Magistrate,
Haldwani, Nainital, are hereby quashed.
12. In view of the above, the compounding application is
allowed. The entire proceedings of entire proceedings of Criminal
Case No.2692/2022, “State Vs. Abhishek Bhandari and others“,
under Sections 323, 504, 506 and 498-A of IPC and under Sections
¾ of Dowry Prohibition Act, 1961 pending in the court of learned
Additional Chief Judicial Magistrate, Haldwani, Nainital, 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.)
04.07.2025
Nitesh/
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