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2025 DAILYLAW 11894 (UTT)

ANUGRAH SHYAMRAO DESHMUKH v. STATE OF UTTARAKHAND

C528/575/2024 · 2025-07-23

Ashish Naithani

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2025:UHC:6495 SL. No . Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C-528 No. 575 of 2024 Hon’ble Ashish Naithani, J. Mr. Raj Kumar Singh, learned counsel for the Applicant. 2. Mr. N.S. Kanyal, learned A.G.A. for the State of Uttarakhand. 3. Mr. Rishab Ranghar, learned counsel for the Respondent No. 2. 4. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of the Applicant – Anugrah Shyamrao Deshmukh against Respondent No. 2- Poonam Thapa, seeking quashing of the charge-sheet dated 16.09.2023, the summoning/cognizance order dated 25.07.2024 and the entire proceedings of Criminal Case No. 5830 of 2024, “State of Uttarakhand vs. Army Captain Anugrah Deshmukh”, for offences punishable under Sections 376, 504 and 506 of the Indian Penal Code, 1860, pending before the Court of learned Chief Judicial Magistrate, Dehradun. 5. Along with C-528 Application, a joint Compounding Application (IA No. 01 of 2025, Paper No. 144) has been filed, wherein it is stated that the parties have entered into compromise. 6. The Applicant-Anugrah Shyamrao Deshmukh, is present through video conferencing and has been identified by Mr. Raj Kumar Singh, Advocate. The Applicant is currently serving in the Indian Army and is posted as a Field Major in Sikkim. Respondent No. 2- Poonam Thapa is also present through video conferencing and has been identified by Mr. Rishab Ranghar, Advocate. 2025:UHC:6495 7. Respondent No. 2-Poonam Thapa, states that she and the Applicant were in a relationship and that certain misunderstandings had arisen, leading to the present matter, for which the Applicant has now moved this Application. 8. As there are ongoing criminal proceedings, the Applicant and Respondent No. 2, who now wish to be together again, are unable to do so while the proceedings remain pending. Both parties have expressed a desire to withdraw from all criminal proceedings and to compound the present matter. 9. Upon hearing the parties and perusing the records, I find sufficient grounds to allow the Compounding Application. 10. In light of the legal principles laid down by the Hon’ble Apex Court in Gian Singh vs. State of Punjab, (2012) 10 SCC 303, and Dimpey Gujral vs. Union Territory of Chandigarh, Transfer Petition (Criminal) No. 115 of 2012, decided on 06.12.2012, this Court holds that criminal proceedings may be quashed if the matter has been amicably settled between the parties and they are inclined to restore peace and harmony. 11. Per contra, the learned State Counsel raised a preliminary objection, contending that some of the offences are non-compoundable. 12. Considering the overall facts and circumstances of the case, this Court is of the view that the ends of justice would be met by quashing the entire proceedings of Criminal Case No. 5830 of 2024, “State of Uttarakhand vs. Army Captain Anugrah Deshmukh”, for offences punishable under Sections 376, 504 and 506 of the Indian Penal Code, 1860, pending before the Court of learned Chief Judicial Magistrate, Dehradun. 2025:UHC:6495 13. Accordingly, the Compounding Application is allowed. The entire proceedings of Criminal Case No. 5830 of 2024, “State of Uttarakhand vs. Army Captain Anugrah Deshmukh”, for offences punishable under Sections 376, 504 and 506 of the Indian Penal Code, 1860, pending before the Court of learned Chief Judicial Magistrate, Dehradun, are hereby quashed qua the present Applicant only. 14. The Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is accordingly disposed of. (Ashish Naithani, J.) 23.07.2025 Shiksha SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a 2c24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796 A542D7FF0A9BED00E67B5283D205F18FE2 9BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.07.23 18:46:17 +05'30' 2025:UHC:6495