Uttarakhand High Court
C528/1136/2025 on 16 July, 2025
2025:UHC:6184
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C528 No.1136 of 2025
With
(Compounding Appl. No.02 of 2025)
Hon'ble Ashish Naithani, J.
Mr. V.K. Kaparuwan, learned counsel for the Applicant.
2. Mr. Girish Chandra Joshi, learned AGA assisted by Mr. Prabhat Kandpal, learned Brief Holder for the State.
3. Mr. Reituparna Joshi, learned counsel for respondent no.2.
4. Present application has been filed by the Applicant under Section 528 of B.N.S.S., 2023 alongwith compounding application and the same is supported with the affidavits of applicant and respondent no.2.
5. Applicant as well as respondent no.2 are present through V.C. They are duly identified by their respective counsel.
6. By means of this C528 application, Applicant has sought quashing of the charge sheet no.452 of 2018 dated 22.12.2018, summoning order dated 13.03.2019 as well as the entire proceedings of Criminal Case No.1581 of 2019 State vs. Alok Agarwal, for the offence punishable under Sections 323, 498-A, 504 and 506 of IPC and Section 3 and 4 of Dowry Prohibition Act, 1961 pending in the court of learned Chief Judicial Magistrate, Dehradun, District Dehradun.
7. This Court has interacted with the Applicant- Alok Kumar as well as Respondent no.2-Smt. Meena Gupta. Both of they submit that they have settled the matter and willing to go through the divorce proceedings with mutual consent.
8. Learned counsel for the parties have filed their respective affidavits along with the compounding application stating therein that they 2025:UHC:6184 do not wish to pursue the present criminal case any further and a compromise has been entered between them with mutual consent for divorce.
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 Ho'ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303, 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 interest to restore peace and harmony between them.
11. Having heard learned counsel for the parties and in view of the above, the compounding application is allowed. The entire proceedings of Criminal Case No.1581 of 2019 State vs. Alok Agarwal, for the offence punishable under Sections 323, 498-A, 504 and 506 of IPC and Section 3 and 4 of Dowry Prohibition Act, 1961 pending in the court of learned Chief Judicial Magistrate, Dehradun, District Dehradun are hereby quashed.
12. Accordingly instant Criminal Misc. Application stands disposed of.
(Ashish Naithani, J.) 16.07.2025 Arti ARTI SINGH Digitally signed by ARTI SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE2521F982, cn=ARTI SINGH Date: 2025.07.18 10:33:19 +05'30' 2025:UHC:6184