Hon’Ble Ashish Naithani vs Amit Kumar And Others” on 8 July, 2025

Uttarakhand High Court

Hon’Ble Ashish Naithani vs Amit Kumar And Others” on 8 July, 2025

             Office Notes,
                reports,                            COURT'S OR JUDGES'S ORDERS
               orders or
             proceedings
SL.
      Date   or directions
No
                  and
              Registrar's                                                             2025:UHC:5858
              order with
              Signatures
                             IA No.04 of 2025 (Compounding Application)
                             In
                             C482 No.177 of 2021
                             HON'BLE ASHISH NAITHANI, J.

Mr. Susheel, learned counsel holding brief of Mr. Gaurav
Singh, learned counsel for the Applicants.

2. Mr. G.C. Joshi, learned AGA, for the State of Uttarakhand/1.

3. Mr. Ashutosh Thakral, learned counsel for the respondent no.2.

4. The present Application has been filed under Section 482 of
CrPC, to quash the entire proceedings of Criminal Case No.9636 of
2019, “State Vs. Amit Kumar and others“, under Sections 323, 504,
506, 377, 511, 498A of IPC and under Section ¾ of Dowry Prohibition
Act, 1961, pending in the court of learned Chief Judicial Magistrate,
Haridwar.

5. Along with C482 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, who are
present in person before this Court, and are duly identified by their
respective counsels.

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.9636 of 2019, “State Vs.
Amit Kumar and others“, under Sections 323, 504, 506, 377, 511, 498A
of IPC and under Section ¾ of Dowry Prohibition Act, 1961, pending in
the court of learned Chief Judicial Magistrate, Haridwar, are hereby
quashed.

10. In view of the above, the compounding application is allowed.
The entire proceedings of Criminal Case No.9636 of 2019, “State Vs.
Amit Kumar and others“, under Sections 323, 504, 506, 377, 511, 498A
of IPC and under Section ¾ of Dowry Prohibition Act, 1961, pending in
the court of learned Chief Judicial Magistrate, Haridwar, are hereby
quashed

11. The Criminal Miscellaneous Application, filed under 482 of
CrPC is disposed of accordingly.

(ASHISH NAITHANI, J.)
08.07.2025
Nitesh/