2025:UHC:5702 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. 675 of 2025 Hon’ble Ashish Naithani, J. Mr. Pawan Sanwal, learned counsel holding brief of Mr. Aazmeen Sheikh, learned counsel for the Applicants. 2. Mr. Vipul Painuli, learned A.G.A. for the State of Uttarakhand. 3. Ms. Aklema Parveen, 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 Applicants against Respondent No. 2 seeking quashing of the charge sheet dated 03.12.2023, the summoning order dated 21.08.2024 and the entire proceedings of Criminal Case No. 864 of 2024, “State vs. Shavez and Others,” for offence punishable under Sections 498A, 323 and 354 of the Indian Penal Code, 1860 and under Sections 3/4 of the Dowry Prohibition Act, 1961, pending in the Court of the learned Additional Chief Judicial Magistrate, Ramnagar, District Nainital. 5. Along with the present application under Section 528, a joint Compounding Application (I.A. No. 1 of 2025) has been filed and signed by the parties, duly supported by their separate affidavits, wherein it is stated that the parties have entered into a compromise and request that, in this light, the matter may be compounded. 6. As per the order sheet dated 20.05.2025, the Coordinate Bench directed the parties to appear before the Secretary, Tehsil Legal Services Authority, Ramnagar, District Nainital on 04.06.2025, who, in turn, 2025:UHC:5702 would take their Aadhaar Cards for identification and also verify and authenticate the contents of the compounding application by recording their statements. Further directions were made for submitting the report of the learned Secretary, Tehsil Legal Services Authority, Ramanagar, District Nainital before the next date of listing. 7. Today, Applicant Nos. 1 to 4- Shavez, Nazim Jahan, Mohammed Nadeem and Mohammed Shadab are appearing through video conferencing before the Court and are duly identified by Mr. Pawan Sanwal, Advocate. Respondent No. 2- Smt. Nabeela is also appearing through video conferencing before the Court and is duly identified by Ms. Akleema Parveen, Advocate. 8. Heard learned counsel for the parties and perused the material available on record. 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 if the matter has been amicably settled between the parties and they are inclined to restore peace and harmony. 10. Per contra, the learned State Counsel raised a preliminary objection, contending that some of the offences are non-compoundable. 11. 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. 864 of 2024, “State vs. Shavez and Others,” for offence punishable under 2025:UHC:5702 Sections 498A, 323 and 354 of the Indian Penal Code, 1860 and under Sections 3/4 of the Dowry Prohibition Act, 1961, pending in the Court of the learned Additional Chief Judicial Magistrate, Ramnagar, District Nainital. 12. Accordingly, the Compounding Application is allowed. The entire proceedings of Criminal Case No. 864 of 2024, “State vs. Shavez and Others,” for offence punishable under Sections 498A, 323 and 354 of the Indian Penal Code, 1860 and under Sections 3/4 of the Dowry Prohibition Act, 1961, pending in the Court of the learned Additional Chief Judicial Magistrate, Ramnagar, District Nainital, are hereby quashed. 13. The Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is accordingly disposed of. (Ashish Naithani, J.) 03.07.2025 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=3410ef86ae41ec9fbabcd5dba6b3a2c24 b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542 D7FF0A9BED00E67B5283D205F18FE29BDF5DD 9, cn=SHIKSHA BINJOLA Date: 2025.07.04 17:33:22 +05'30' 2025:UHC:5702