Uttarakhand High Court
8 November vs State Of Uttarakhand & Another on 18 November, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:10234
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Misc Application No. 680 of 2024
18 November, 2025
Navin Chandra Suyal & Others ... Applicants
Versus
State Of Uttarakhand & another ... Respondent
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Presence:-
Mr. Nikhil Bhatt, learned counsel for the applicants.
Mr. Dinesh Chauhan, learned A.G. A. for the State of Uttarakhand
Mr. Aayush Gaur, learned counsel for respondent no. 2.
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JUDGMENT
Hon'ble Manoj Kumar Tiwari, J.
1. By means of this Criminal Miscellaneous
Application, filed under Section 528 Bharatiya Nagarik
Suraksha Sanhita, applicants have sought quashing of
summoning order dated 18.04.2022 and entire
proceedings of Criminal Case No. 1587 of 2022 (State
of Uttarakhand v. Naveen Chandra Suyal & others),
under Sections 323, 504, 506 & 498A IPC and Section
3/4 of Dowry Prohibition Act, pending before learned
Civil Judge, (S.D.)/Judicial Magistrate, Haldwani,
District Nainital.
2. A compounding application, jointly signed by
counsel for applicants and counsel for respondent no. 2
has been filed, duly supported by affidavits of
applicants and respondent no. 2 (complainant).
3. Learned counsels for the parties submit that
2025:UHC:10234
parties have buried their differences and entered into a
compromise and settled the dispute amicably outside
the court, therefore, no useful purpose would be
served if the criminal case is continued. Mr. Aayush
Gaur, learned counsel for the complainant submits that
his client wants to compound the matter before this
Court against the applicants.
4. Applicants are present before the Court
today, who are duly identified by Mr. Nikhil Bhatt,
Advocate.
5. Respondent no. 2 (complainant) is present
through video conference before the Court today, who
is duly identified by Mr. Aayush Gaur, Advocate.
Complainant submitted that in view of the settlement
arrived between her and the applicants, she does not
want to prosecute the applicants any further.
6. In this application, applicants have
challenged the summoning order and also the
proceedings of Criminal Case No. 1587 of 2022.
7. Learned counsel for the applicants submits
that the parties have resolved the dispute amicably,
therefore, in view of the settlement arrived at between
them, proceedings of Criminal Case No. 1587 of 2022
and also the summoning order deserves to be quashed.
8. Learned State Counsel submits that the
offence under Section 498A of I.P.C. is not
compoundable; he, however, submits that he has no
2025:UHC:10234
objection, if the matter is compounded.
9. Having regard to the nature of offence and
also considering the broad guidelines issued by Hon'ble
Apex Court in the case of Gian Singh Vs State of
Punjab reported in (2012) 10 SCC 303; Narinder
Singh & others Vs State of Punjab & another
reported in (2014) 6 SCC 466 and State of Madhya
Pradesh Vs. Laxmi Narayan reported in (2019) 5
SCC 688, request of the applicant deserves to be
acceded to.
10. Since the parties have entered into a
compromise, therefore, possibility of the trial resulting
into conviction of the accused is remote and bleak and,
that being so, continuation of criminal proceedings
would visit the accused with great oppression,
prejudice and injustice. Rather, it would tantamount to
abuse of process of law. Ends of justice would be met
only if criminal proceedings are put to an end, because
this would allow the parties to translate their decision
to live in peace in the reality. The only consideration for
the compromise reached between the parties seems to
be their desire to burry the hatchet for all times to
come. Resolution of a dispute by way of a compromise
between two warring groups, therefore, should attract
the immediate and prompt attention of a Court which
should endeavour to give full effect to the same unless
such compromise is abhorrent to lawful composition of
the society or would promote savagery.
11. In view of above discussion, Criminal
Miscellaneous Application is allowed. Entire proceedings
2025:UHC:10234
of Criminal Case No. 1587 of 2022, pending in the
Court of learned Civil Judge (S.D)/Judicial Magistrate,
Haldwani is hereby quashed along with all proceedings
emanating therefrom.
12. Compounding application (IA No. 4 of 2025)
is, accordingly, disposed of.
________________________
MANOJ KUMAR TIWARI, J.
18.11.2025
Aswal
NITI RAJ
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8b08d1369512ea30f3, postalCode=263001,
SINGH ASWAL
st=UTTARAKHAND,
serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DA
CF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL
Date: 2025.11.19 04:37:45 -08'00'
