2025:UHC:5490 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. 802 of 2025 Hon’ble Ashish Naithani, J. Mr. Mani Kumar, learned counsel for the Applicant. 2. Mr. G.C. Joshi, learned A.G.A. for the State of Uttarakhand. 3. Mr. Sachin, learned counsel holding brief of Mr. Kishore Rai, 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-Tapas Sarkar S/o Shri Narayan Sarkar against Respondent No. 2- Neeraj Paswan seeking quashing of the charge sheet dated 09.11.2023, the summoning order dated 19.01.2024 and the entire proceedings of Criminal Case No. 210 of 2024, “State of Uttarakhand vs. Tapas Sarkar,” for offence punishable under Sections 323, 341, 354, 504 and 506 of the Indian Penal Code, 1860, pending in the Court of the learned Additional Judicial Magistrate/Ist Additional Civil Judge (S.D.) Rudrapur, 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 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 Secretary, District Legal Services Authority, Rudrapur, District Udham Singh Nagar on 17.06.2025, 2025:UHC:5490 who, in turn, 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, District Legal Services Authority, Rudrapur, District Udham Singh Nagar before the next date of listing. 7. Today, Applicant No. 1- Tapas Sarkar is present in person before the Court and is duly identified by Mr. Mani Kumar, Advocate. Respondent No. 2- Neeraj Paswan is also present in person before the Court and is duly identified by Mr. Sachin, Advocate. 8. The Court also interacted with the Respondent No. 2. During the interaction, he made a statement that he does not wish to pursue the matter any further. He fairly conceded that he 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 the offence under Section 354 IPC, is non-compoundable. 12. Considering the overall facts and circumstances of the case, and as the parties are relatives, this Court is of the view that the ends of justice would be met by 2025:UHC:5490 quashing the entire proceedings of Criminal Case No. 210 of 2024, “State of Uttarakhand vs. Tapas Sarkar,” for offence punishable under Sections 323, 341, 354, 504 and 506 of the Indian Penal Code, 1860, pending in the Court of the learned Additional Judicial Magistrate/Ist Additional Civil Judge (S.D.) Rudrapur, District Udham Singh Nagar. 13. Accordingly, the Compounding Application is allowed. The entire proceedings of Criminal Case No. 210 of 2024, “State of Uttarakhand vs. Tapas Sarkar,” for offence punishable under Sections 323, 341, 354, 504 and 506 of the Indian Penal Code, 1860, pending before the Court of the learned Additional Judicial Magistrate/Ist Additional Civil Judge (S.D.) Rudrapur, District Udham Singh Nagar, 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.) 27.06.2025 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=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f2182 2fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B 5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.06.27 15:26:00 +05'30' 2025:UHC:5490