2025:UHC:6369 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. 871 of 2025 Hon’ble Ashish Naithani, J. Ms. Manju Chauhan, learned counsel holding brief of Ms. Prabha Naithani, learned counsel for the Applicant. 2. Mr. N.S. Kanyal, learned A.G.A. for the State of Uttarakhand. 3. Mr. Digvijay Singh Bisht, learned counsel holding brief of Mr. Vishal Vikram Singh, learned counsel for the Respondent Nos. 2 to 5. 4. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of the Applicant seeking quashing of the charge-sheet dated 10.08.2022, the summoning order dated 08.12.2022, and the entire proceedings of Criminal Case No. 12012/2022 (Case Crime No. 337 of 2021), “State vs. Aashma”, for offences punishable under Sections 323, 324, 504, and 506 of the Indian Penal Code, 1860, pending before the Court of learned Judicial Magistrate-Ist, Rudrapur, Udham Singh Nagar. 5. On the last date fixed, i.e., 18.07.2025, appearances were recorded on behalf of the parties. Ms. Manju Chauhan, Advocate, holding brief for Mr. Avidit Noliyal, Advocate, appeared for the Applicant. Mr. G.C. Joshi, A.G.A., appeared for the State of Uttarakhand. 6. It was noted from the submissions of the learned counsel for the Applicant that the parties are likely to arrive at a compromise. 7. Learned State Counsel objected to the Compounding Application, submitting that serious injuries were sustained by Respondent No. 4 – Swaleha 2025:UHC:6369 Parveen and Respondent No. 3 – Shaista Parveen. As per the medical report, head injuries were apparent on Respondent No. 4. It was thus submitted that the matter should not be compounded. 8. Today, the Applicant-Aashma W/o Shakir Hussain is present in-person before this Court and has been duly identified by Ms. Manju Chauhan, Advocate. Respondent No. 2-Anjar Hussain S/o Gulam Hussain, Respondent No. 3-Shaista Parveen D/o Gulam Hussain, and Respondent No. 4-Swaleha Parveen D/o Gulam Hussain are also present in-person and have been duly identified by Mr. Digvijay Singh Bisht, Advocate. Respondent No. 5-Mairunisha W/o Gulam Hussain is present through video conferencing and is also duly identified by Mr. Digvijay Singh Bisht, Advocate. 9. Learned State Counsel points out that Respondent No. 5-Mairunisha is not a necessary party. Upon inquiry by the Court, learned counsel for the Applicant concurred with the submission of the State Counsel, though he stated that her impleadment was done for the better disposal of the matter. She is therefore directed to be deleted from the array of parties. 10. Learned State Counsel further raised a preliminary objection, contending that some of the offences involved are non-compoundable. 11. In light of the legal principles laid down by the Hon’ble Supreme 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 is of the considered view 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. 2025:UHC:6369 12. Considering the overall facts and circumstances of the case, this Court finds that the ends of justice would be served by quashing the proceedings of Criminal Case No. 12012/2022 (Case Crime No. 337 of 2021), “State vs. Aashma”, for offences under Sections 323, 324, 504, and 506 of the Indian Penal Code, 1860, pending before the Court of learned Judicial Magistrate-Ist, Rudrapur, Udham Singh Nagar. 13. Accordingly, the entire proceedings of Criminal Case No. 12012/2022 (Case Crime No. 337 of 2021), “State vs. Aashma”, pending before the learned Judicial Magistrate-Ist, Rudrapur, Udham Singh Nagar, are hereby quashed qua the present Applicant only, subject to the condition that Respondent No. 5-Mairunisha W/o Gulam Hussain shall be deleted from the array of parties in the pleadings forthwith. Thereafter, the Compounding Application shall be deemed operative and is allowed accordingly. 14. The Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is accordingly disposed of. (Ashish Naithani, J.) 21.07.2025 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=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf63 9b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F 18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.07.22 10:35:36 +05'30' 2025:UHC:6369