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2025:UHC:5731 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. 889 of 2025 Hon’ble Ashish Naithani, J.
Mr. Vikas Kumar Guglani, learned counsel for the Applicant. 2. Ms. Manisha Rana Singh, learned Deputy Advocate General for the State of Uttarakhand. 3. Mr. B.S. Koranga, learned counsel holding brief of Mr. Rishabht Bisht, 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- Pankaj against Respondent No. 2- Smt. Archana seeking quashing of the summoning order dated 22.11.2023 and the entire proceedings of Criminal Case No. 3216 of 2023, “State of Uttarakhand vs. Pankaj,” for offence punishable under Sections 498A and 506 of the Indian Penal Code, 1860, pending in the Court of learned Judicial Magistrate IInd 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. Today, Applicant No. 1- Pankaj is present in person before the Court and is duly identified by Mr. Vikas Kumar Guglani, Advocate. Respondent No. 2- Smt. Archana is also present in person before the Court and is duly identified by Mr. B.S. Koranga, Advocate. 7. The Court also interacted with Respondent No. 2. 2025:UHC:5731 During the interaction, she stated that she is residing with the Applicant and does not wish to pursue the matter any further. She fairly conceded that she has no objection to the compounding application being allowed. 8. Heard learned counsel for the parties and perused the material available on record. 9. 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. 10.
Per contra, the learned State Counsel raised a preliminary objection, contending that some of the offences are non-compoundable. 11. Considering the overall facts and circumstances of the case, including the fact that both the parties have resumed cohabitation, this Court is of the view that the ends of justice would be met by quashing the entire proceedings of Criminal Case No. 3216 of 2023, “State of Uttarakhand vs. Pankaj,” for offence punishable under Sections 498A and 506 of the Indian Penal Code, 1860, pending in the Court of learned Judicial Magistrate IInd Rudrapur, District Udham Singh Nagar. 12. Accordingly, the Compounding Application is allowed. The entire proceedings of Criminal Case No. 3216 of 2023, “State of Uttarakhand vs. Pankaj,” for offence punishable under Sections 498A and 506 of the Indian Penal Code, 1860, pending in the Court of learned Judicial Magistrate IInd Rudrapur, District
2025:UHC:5731 Udham Singh Nagar, are hereby quashed. 13. The Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is accordingly disposed of. (Ashish Naithani, J.) 04.07.2025 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=3410ef86ae41ec9fbabcd5dba6b3a2c24 b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542 D7FF0A9BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.07.05 12:47:20 +05'30'
2025:UHC:5731