2025:UHC:5767 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. 693 of 2025 Hon’ble Ashish Naithani, J. Mr. Abhishek Joshi, learned counsel for the Applicant. 2. Mr. Vipul Painuli, learned A.G.A. for the State of Uttarakhand. 3. Ms. Reema Rana, 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- Sumit Ray, seeking the quashing of the summoning order dated 07.09.2024 and the entire proceedings of Criminal Case No. 597 of 2024, State vs. Sumit Ray, for the offence punishable under Section 363 of the Indian Penal Code, 1860, pending before the Court of the learned Civil Judge/Judicial Magistrate, Sitarganj, District Udham Singh Nagar. 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 entered into a compromise and request that, in view thereof, the matter be treated as compounded. 6. As per the order sheet dated 22.05.2025, the Coordinate Bench directed the parties to appear before the Secretary, District Legal Services Authority, Udham Singh Nagar, on 05.06.2025. The Secretary was directed to verify the identities of the parties through their Aadhaar Cards and authenticate the contents of the compounding application by recording their 2025:UHC:5767 statements. The Secretary was further directed to submit a report before the next date of listing. 7. Today, Applicant No. 1- Sumit Ray, is present in person before this Court and is duly identified by Mr. Abhishek Joshi, Advocate. Respondent Nos. 2 and 3- Mrinal Basu and Laxmi Basu are also present in person and are duly identified by Ms. Reema Rana, Advocate. 8. This Court also interacted with the father of the victim. During the course of interaction, he stated that the Applicant and the victim have solemnized their marriage. Respondent Nos. 2 and 3 have expressed that they do not wish to pursue the matter further and have no objection to the compounding application being allowed. 9. The learned State Counsel has opposed the compounding application, contending that the offence under Section 363 IPC is non-compoundable. However, it is not disputed that the victim, in her statement, has clearly stated that "the applicant has caused no harm to her", thereby indicating that no force or wrongful act was committed against her. It is also undisputed that the applicant and the victim are now married. 10. The Court has heard the learned counsel for the parties and carefully perused the material available on record. 11. In light of the legal principles laid down by the Hon’ble Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, and Dimpey Gujral v. Union Territory of Chandigarh, Transfer Petition (Criminal) No. 115 of 2012, decided on 06.12.2012, it is well settled that even in cases involving non-compoundable offences, the High Court, in exercise of its inherent jurisdiction, may quash the criminal proceedings if it is satisfied that the parties 2025:UHC:5767 have amicably settled the matter and that continuance of such proceedings would be an abuse of the process of law or would serve no useful purpose. 12. Considering the overall facts and circumstances of the case, the voluntary settlement between the parties, the marriage between the Applicant and the victim, and the victim’s categorical statement that no harm was caused to her by the Applicant, this Court is of the opinion that no fruitful purpose would be served by continuing with the proceedings. The ends of justice would be met if the proceedings are quashed. 13. Accordingly, the Compounding Application is allowed. The entire proceedings of Criminal Case No. 597 of 2024, State vs. Sumit Ray, for the offence punishable under Section 363 of the Indian Penal Code, 1860, pending before the Court of the learned Civil Judge/Judicial Magistrate, Sitarganj, District Udham Singh Nagar, are hereby quashed. 14. Consequently, the Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, stands disposed of. (Ashish Naithani, J.) 04.07.2025 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=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b 1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18F E29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.07.05 12:44:22 +05'30' 2025:UHC:5767