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2025 DAILYLAW 7868 (UTT)

RIMMI GULATI v. STATE OF UTTARAKHAND

C528/863/2025 · 2025-06-18

Ashish Naithani

body2025

Judgment text

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2025:UHC:5091 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS IA No. 01 of 2025 (Compounding Application) In C-528 No. 863 of 2025 Hon’ble Ashish Naithani, J. Mr. Vaibhav Singh Chauhan, learned counsel for the Applicant. 2. Mr. G. C. Joshi, learned A.G.A. for the State. 3. Mr. Ankur Sharma, learned counsel for respondent no.2/complainant. 4. The present Application has been filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 to quash the impugned F.I.R. No.215 of 2024 dated 27.07.2024 under Sections 305, 324(5) & 351(3) of B.N.S., lodged at P.S. Kankhal, District Haridwar, Charge Sheet No.01 of 2024 dated 15.10.2024 under Section 324(5) & 351 (3) of B.N.S. against the Applicant, the impugned summoning order dated 23.05.2025 as well as the entire proceedings of Criminal Case No.937 of 2025, “State Vs. Rimmi Gulati”, pending in the court of learned 2nd Judicial Magistrate, District Haridwar. 5. Along with C-582 application, a compounding application has been signed by the parties and has been filed, which is duly supported by separate affidavits of applicant and private respondent no.2. Applicant and respondent no.2 are present before this Court through V.C., who are identified by their respective counsel. 2025:UHC:5091 6. Learned counsel for the parties have filed their respective affidavits along with the compounding application stating therein that they do not want to pursue the present criminal case any further and a settlement has reached between them. 7. Heard learned counsel for the parties and perused the material available on record. 8. Parties appeared through V.C. as well as learned counsel present on their respective behalf make a statement that without any interpretation or contradiction the matter may be compounded without imposing any condition whereas learned State counsel points out that in the present matter there are non compounding offence under Sections 305 & 324(5) of B.N.S. and in this light the possibility of compounding the matter is very bleak. 9. In view of the principle of law laid down by Hon'ble the Apex Court in the case of “Gian Singh vs. State of Punjab” reported in 2012 (10) SCC 303 as well as in Transfer Petition (Criminal) No. 115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, criminal proceedings can be quashed by this Court, if this Court is satisfied that matter has been settled between the parties amicably and parties are interested to restore peace and harmony between them. 10. Keeping in view of the totality of the facts and circumstances of the case, this Court is of the view that ends of justice would be met, if the entire proceedings against the Applicant are hereby 2025:UHC:5091 quashed. 11. In view of the above, the compounding application is allowed. The impugned F.I.R. No.215 of 2024 dated 27.07.2024 under Sections 305, 324(5) & 351(3) of B.N.S., lodged at P.S. Kankhal, District Haridwar, Charge Sheet No.01 of 2024 dated 15.10.2024 under Section 324(5) & 351 (3) of B.N.S. against the Applicant, the impugned summoning order dated 23.05.2025 as well as the entire proceedings of Criminal Case No.937 of 2025, “State Vs. Rimmi Gulati”, pending in the court of learned 2nd Judicial Magistrate, District Haridwar, are hereby quashed. 12. The present Criminal Misc. Application u/s 528 of B.N.S.S. is, thus, disposed of in terms of the compromise arrived at between the parties. (Ashish Naithani, J.) 18.06.2025 Akash