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2025:UHC:10339 SL. No . Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at ur es COURT’S OR JUDGE’S ORDERS
C-528 No. 666 of 2025 Hon ’ble Ash ish Nait h an i, J.
Mr. Mukesh Rawat, learned counsel for the Applicant.
2. Mr. N.S. Kanyal, learned A.G.A. for the State of Uttarakhand.
3. Ms. Chitra Joshi,
learned counsel for the Respondent Nos. 2 and 3.
4. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the Applicant – Abhishek, against Respondent Nos. 2 and 3 – Durgeshwari and Deep Sikha, seeking quashing of the charge-sheet dated 28.07.2023, the impugned order dated 20.12.2023, as well as the entire proceedings of Criminal Case No. 86 of 2023, “State vs. Abhishek,” for the offences punishable under Sections 323, 354, 457, 504 and 506 of the I PC, at Police Station Govindghat, District Chamoli, pending before the Court of learned Civil Judge (J.D.)/ Judicial Magistrate, Joshimath, District Chamoli.
5. Along with the present application under Section 528, a joint Compounding Application (I.A. No. 1 of 2025) has been filed, duly signed by the parties and supported by their respective affidavits, wherein it is stated that the parties have amicably settled the dispute and that the matter may accordingly be compounded.
6. Today, the Applicant is present through video conferencing and is duly identified by Mr. Mukesh Rawat, Advocate. Respondent Nos. 2 and 3 – Durgeshwari and Deep Sikha are present through video
2025:UHC:10339 conferencing and are duly identified by Ms. Chitra Joshi, Advocate.
7. The Court interacted with the victim/ Respondent No. 3. During the interaction, she stated that she does not wish to pursue the matter any further and has no objection if the compounding application is allowed.
8. Heard learned counsel for the parties and perused the record.
9. In light of the legal principles laid down by the Hon’ble Supreme 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 is mindful that criminal proceedings may be quashed where the parties have amicably resolved their dispute, particularly when such settlement promotes peace and fosters harmony.
10. Per contra, learned State Counsel has raised a preliminary objection, contending that some of the offences involved are non-compoundable.
11. However, considering the overall
facts and circumstances of the case, the voluntary compromise between the parties, and the clear stand taken by Respondent No. 3, this Court is of the view that the ends of justice would be met by quashing the entire proceedings of Criminal Case No. 86 of 2023, “State vs. Abhishek,” arising out of Police Station Govindghat, District Chamoli, and pending before the Court of learned Civil Judge (J.D.)/ Judicial Magistrate, Joshimath, District Chamoli.
12. Accordingly, the Compounding Application (I.A. No. 1 of 2025) is allowed. The entire proceedings of Criminal Case No. 86 of 2023, “State vs. Abhishek,” for the offences punishable under Sections 323, 354, 457,
2025:UHC:10339 504 and 506 of the IPC, are hereby quashed.
13. The Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is accordingly disposed of.
( Ash ish Nait h an i, J.) 2 0 .1 1 .2 0 2 5 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=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f2182 2fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B 5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.11.20 17:03:19 +05'30'
2025:UHC:10339