2025:UHC:5697 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. 799 of 2025 Hon’ble Ashish Naithani, J. Mr. Mehboob Rahi, learned counsel for the Applicant. 2. Mr. Vipul Painuli, learned A.G.A. for the State of Uttarakhand. 3. Mr. Kaushal Pandey, 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 Applicant- Kamal Singh Negi against Respondent No. 2- Devki Negi seeking quashing of the charge sheet dated 25.02.2023, the summoning order dated 03.02.2024 and the entire proceedings of Criminal Case No. 47 of 2024, “State vs. Kamal Singh Negi,” for offence punishable under Sections 498A and 323 of the Indian Penal Code, 1860 and under Sections 3/4 of the Dowry Prohibition Act, 1961, pending in the Court of the learned Judicial Magistrate, Didihat, District Pithoragarh. 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 11.06.2025, the Coordinate Bench directed the parties to appear before the Member Secretary/OSD, State Legal Services Authority, Uttarakhand, District Nainital on 11.06.2025, who, in turn, would take their Aadhaar Cards for 2025:UHC:5697 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 Member Secretary/OSD, State Legal Services Authority, Uttarakhand, District Nainital before the next date of listing. 7. Today, Applicant No. 1- Kamal Singh Negi is present in person before the Court and is duly identified by Mr. Mehboob Rahi, Advocate. Respondent No. 2- Devki Negi is also present in person before the Court and is duly identified by Mr. Kaushal Pandey, Advocate. 8. The Court also interacted with the Respondent No. 2. During the interaction, she made a statement that she does not wish to pursue the matter any further. She fairly conceded that she has no objection if the compounding application is allowed. 9. Heard learned counsel for the parties and perused the material available on record. 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, 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. 11. Per contra, the learned State Counsel raised a preliminary objection, contending that some of the offences are non-compoundable. 12. 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 2025:UHC:5697 proceedings of Criminal Case No. 47 of 2024, “State vs. Kamal Singh Negi,” for offence punishable under Sections 498A and 323 of the Indian Penal Code, 1860 and under Sections 3/4 of the Dowry Prohibition Act, 1961, pending in the Court of the learned Judicial Magistrate, Didihat, District Pithoragarh. 13. Accordingly, the Compounding Application is allowed. The entire proceedings of Criminal Case No. 47 of 2024, “State vs. Kamal Singh Negi,” for offence punishable under Sections 498A and 323 of the Indian Penal Code, 1860 and under Sections 3/4 of the Dowry Prohibition Act, 1961, pending in the Court of the learned Judicial Magistrate, Didihat, District Pithoragarh, are hereby quashed. 14. 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=3410ef86ae41ec9fbabcd5dba6b3a2c2 4b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542 D7FF0A9BED00E67B5283D205F18FE29BDF5DD 9, cn=SHIKSHA BINJOLA Date: 2025.07.04 17:33:51 +05'30' 2025:UHC:5697