Uttarakhand High Court
C528/635/2025 on 25 June, 2025
Office Notes,
reports, COURT'S OR JUDGES'S ORDERS
orders or
proceedings
SL.
Date or directions
No
and
Registrar's 2025:UHC:5372
order with
Signatures
IA No.01 of 2025 (Compounding Application)
With
C528 No.635 of 2025
HON'BLE ASHISH NAITHANI, J.
Mr. Pawan Mishra, learned counsel for the Applicants.
2. Mr. Vipul Painuly, learned AGA for the State of
Uttarakhand/1.
3. Ms. Rajni Rangwal, learned counsel for the private
respondent no.2.
4. The present Application has been filed under Section 528
of the Bhartiya Nagarik Suraksha Sanhita, 2023, to quash the
entire proceedings of Criminal Case No.6239 of 2023, “State Vs.
Akash Agrawal and another“, under Sections 323, 498-A and 504
of IPC and under Section ¾ of Dowry Prohibition Act, pending in
the court of learned Chief Judicial Magistrate, Dehradun.
5. 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.
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.6239 of 2023, “State Vs. Akash Agrawal and another“, under
Sections 323, 498-A and 504 of IPC and under Section ¾ of
Dowry Prohibition Act, pending in the court of learned Chief
Judicial Magistrate, Dehradun, are hereby quashed.
10. In view of the above, the compounding application is
allowed. The entire proceedings of Criminal Case No.6239 of
2023, “State Vs. Akash Agrawal and another“, under Sections 323,
498-A and 504 of IPC and under Section ¾ of Dowry Prohibition
Act, pending in the court of learned Chief Judicial Magistrate,
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.)
25.06.2025
Nitesh/