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2025 DAILYLAW 7404 (UTT)

GULSHER AND ORS v. STATE OF UTTARAKHAND

C528/769/2025 · 2025-07-30

Ashish Naithani

body2025

Judgment text

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2025:UHC:6650 SL. No . Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C-582 No. 769 of 2025 Hon’ble Ashish Naithani, J. Mr. Shashank Pandey, learned counsel for the Applicant through video conferencing. 2. Mr. Prabhat Kandpal, learned Brief Holder for the State of Uttarakhand. 3. Mr. Akshay Pradhan, 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 Applicants – Gulsher S/o Anees, Salaudeen S/o Anees, and Smt. Jarefan W/o Anees against Respondent Nos. 2 and 3 – Islam S/o Sharif and Gajala W/o Gulsher, the Applicant No. 1, seeking quashing of the charge-sheet dated 01.02.2020, the cognizance and summoning order dated 13.04.2021, and the entire proceedings of Criminal Case No. 01 of 2022 (arising out of Case Crime No. 186 of 2019), “State vs. Gulsher and Others”, for offences punishable under Sections 323, 504, 506 and 498A of the Indian Penal Code, 1860 and Section 3/4 of the Dowry Prohibition Act, 1961, pending before the Court of learned Additional Civil Judge/Judicial Magistrate, IInd, Roorkee, District Haridwar. 5. Along with the C-528 Application, a joint Compounding Application (I.A. No. 01 of 2025) has been filed, wherein it is stated that the parties have arrived at a compromise. 6. Learned counsel for the Applicants submits that the matter arises out of a matrimonial discord, which 2025:UHC:6650 has now been amicably resolved. Respondent No. 3- Gajala W/o Applicant No. 1 – Gulsher, after settling the dispute, is now living with him, and they do not wish to pursue the matter any further. 7. Today, Applicant Nos. 1 to 3 – Gulsher, Salaudeen and Smt. Jarefan and Respondent Nos. 2 and 3-Islam and Gajala are present before this Court through video conferencing and have been duly identified by their respective counsels. 8. Upon interacting with the parties, they have jointly stated that the matrimonial dispute has been settled, they are now residing together, and they do not wish to pursue the matter further. 9. This Court is of the considered view that there are sufficient grounds for allowing the Compounding Application, as the parties have arrived at a compromise and request that the matter be compounded. 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, it is well settled 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, learned State Counsel opposes the Compounding Application on the ground that some of the offences are non-compoundable. 12. Considering the overall facts and circumstances of the case, and the nature of the dispute being primarily matrimonial, this Court is of the view that 2025:UHC:6650 the ends of justice would be served by quashing the entire proceedings of Criminal Case No. 01 of 2022 (arising out of Case Crime No. 186 of 2019), “State vs. Gulsher and Others”, for offences punishable under Sections 323, 504, 506 and 498A of the Indian Penal Code, 1860 and Section 3/4 of the Dowry Prohibition Act, 1961, pending before the Court of learned Additional Civil Judge/Judicial Magistrate, IInd, Roorkee, District Haridwar, qua the present Applicants only. 13. Accordingly, the Compounding Application is allowed. The entire proceedings of Criminal Case No. 01 of 2022 (arising out of Case Crime No. 186 of 2019), “State vs. Gulsher and Others”, for offences punishable under Sections 323, 504, 506 and 498A of the Indian Penal Code, 1860 and Section 3/4 of the Dowry Prohibition Act, 1961, pending before the Court of learned Additional Civil Judge/Judicial Magistrate, IInd, Roorkee, District Haridwar, are hereby quashed only in respect of the present Applicants. 14. The Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is accordingly disposed of. (Ashish Naithani, J.) 30.07.2025 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=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.07.30 17:54:55 +05'30' 2025:UHC:6650