2025:UHC:6986 S L. N o. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C-528 No. 874 of 2024 Hon’ble Ashish Naithani, J. Mr. Deepak Joshi, learned counsel for the Applicants. 2. Mr. Akshay Latwal, learned A.G.A. for the State of Uttarakhand. 3. Mr. Siddhartha Bankoti, learned legal Aid Counsel for the Respondent No. 2. 4. The present Criminal Misc. Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of the Applicants – Sagar Arora, Jagdish Arora sons of Sri Jagdish Arora, Mahima Arora W/o Sri Jagdish Arora and Lata Arora D/o Jagdish Arora against Respondent No. 2 – Smt. Priyanka W/o Sri Sagar Arora, with a prayer to quash the charge- sheet dated 16.03.2024, the impugned cognizance/summoning order dated 29.04.2024 and the entire proceedings of Criminal Case No. 1471 of 2024, “State vs. Sagar Arora and Others” under Sections 3/4 of Dowry Prohibition Act, 1961 and under Sections 323, 354, 498A, 504 and 506 IPC, pending before the Court of learned Judicial Magistrate/Ist Additional Civil Judge, Haldwani. 5. Learned counsel for the Applicants states that the present matter arises out of a matrimonial dispute in which the parties have amicably settled their differences and now wish to compound the matter. In this regard, a Compounding Application (IA No. 02 of 2025, Paper No. 65) has been filed, duly signed by the parties and endorsed by their respective counsel—Mr. Deepak Joshi, Advocate for the Applicants, and Mr. 2025:UHC:6986 Siddhartha Bankoti, Advocate for Respondent No. 2. 6. Today, the matter pertains to a dispute between the husband and wife, i.e., Applicant No. 1 and Respondent No. 2. Applicant Nos. 1 and 2 are present in-person before this Court, while Applicant Nos. 3 and 4 have appeared through video conferencing. All four Applicants have been duly identified by Mr. Deepak Joshi, Advocate. Respondent No. 2 is also present in- person before this Court and has been duly identified by Mr. Siddhartha Bankoti, Advocate. 7. Upon interaction with Applicant No. 1 (the husband) and Respondent No. 2 (the wife), both parties expressed their mutual consent for divorce, subject to terms regarding custody of the child and the visitation rights of the non-custodial parent. 8. This Court finds sufficient grounds to allow the Compounding Application. 9. 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 where the dispute has been amicably resolved between the parties and the settlement promotes peace and harmony. 10. Per contra, the learned State Counsel objects to the Compounding Application on the ground that certain offences involved are non-compoundable. 11. Having considered the overall facts and circumstances of the case, this Court is of the view that the ends of justice would be served by quashing the 2025:UHC:6986 proceedings of Criminal Case No. 1471 of 2024, titled as “State vs. Sagar Arora and Others, under Sections 3/4 of the Dowry Prohibition Act, 1961 and Sections 323, 354, 498A, 504, and 506 of the Indian Penal Code, pending before the Court of the learned Judicial Magistrate/Ist Additional Civil Judge, Haldwani. 12. Accordingly, the Compounding Application is allowed. The entire proceedings of Criminal Case No. 1471 of 2024, titled as “ State vs. Sagar Arora and Others”, under Sections 3/4 of the Dowry Prohibition Act, 1961 and Sections 323, 354, 498A, 504, and 506 IPC, pending before the Court of the learned Judicial Magistrate/Ist Additional Civil Judge, Haldwani, are hereby quashed as against the present Applicants, subject to the conditions mutually agreed upon by the parties and as may be imposed by the learned Trial Court at the time of second motion, specifically relating to (i) custody of the child and (ii) visitation rights of the other party. 13. Consequently, the present Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed. (Ashish Naithani, J.) 08.08.2025 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=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09 c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BE D00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.08.08 16:51:21 +05'30' 2025:UHC:6986