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2025 DAILYLAW 8629 (UTT)

RAHUL THAKUR v. STATE OF UTTARAKHAND

C528/1023/2025 · 2025-07-04

Ashish Naithani

body2025

Judgment text

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2025:UHC:5730 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. 1023 of 2025 Hon’ble Ashish Naithani, J. Mr. Vishal Kumar Nautiyal, learned counsel for the Applicant. 2. Ms. Manisha Rana Singh, learned Deputy Advocate General for the State of Uttarakhand. 3. Ms. Shalini Thakral, 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- Rahul Thakur against Respondent No. 2- Vaishali Rana seeking quashing of the charge sheet dated 05.11.2023, the summoning order/cognizance dated 01.05.2025 and the entire proceedings of Criminal Case No. 2883 of 2025, “State vs. Rahul Thakur,” for offence punishable under Sections 498A, 504 and 506 of the Indian Penal Code, 1860 and under Sections 3/4 of the Dowry Prohibition Act, 1961, pending in the Court of learned Ist Additional Chief Judicial Magistrate, Dehradun. 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- Rahul Thakur is present in person before the Court and is duly identified by Mr. Vishal Kumar Nautiyal, Advocate. Respondent No. 2- Vaishali Rana is also present in person before the Court and is duly identified by Ms. Shalini Thakral, Advocate. 2025:UHC:5730 7. 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. 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, this Court is of the view that the ends of justice would be met by quashing the entire proceedings of Criminal Case No. 2883 of 2025, “State vs. Rahul Thakur,” for offence punishable under Sections 498A, 504 and 506 of the Indian Penal Code, 1860 and under Sections 3/4 of the Dowry Prohibition Act, 1961, pending in the Court of learned Ist Additional Chief Judicial Magistrate, Dehradun. 12. Accordingly, the Compounding Application is allowed. The entire proceedings of Criminal Case No. 2883 of 2025, “State vs. Rahul Thakur,” for offence punishable under Sections 498A, 504 and 506 of the Indian Penal Code, 1860 and under Sections 3/4 of the Dowry Prohibition Act, 1961, pending in the Court of 2025:UHC:5730 learned Ist Additional Chief Judicial Magistrate, Dehradun, 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=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40b f639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D2 05F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.07.05 12:48:29 +05'30' 2025:UHC:5730