Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 9586 (UTT)

SHAILENDRA KUMAR v. STATE OF UTTARAKHAND

C528/1260/2025 · 2025-08-04

Ashish Naithani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 2025:UHC:6837 C-582 No. 1260 of 2025 Hon’ble Ashish Naithani, J. Mr. Abhishek Verma, learned counsel for the Applicant through video conferencing. 2. Mr. Vipul Painuly, learned A.G.A. for the State of Uttarakhand. 3. Ms. Aishwarya Thapliyal, learned counsel holding brief of Mr. Arjun Arora, learned counsel for 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–Shailendra Kumar against Respondent No. 2-Vandna Sharma, with a prayer that the cognizance order dated 07.04.2025 as well as the Charge Sheet dated 26.09.2024 and the entire proceedings of the Criminal Case No. 2198 of 2025 (Case Crime No. 193 of 2024) titled as “State vs. Shailendra Kumar” under Sections 323, 504, 506, 498A of IPC along with 3/4 of Dowry Prohibition Act, 1961, at Police Station Kotwali Dehradun, District Dehradun, pending in the court of learned Chief Judicial Magistrate, Dehradun may be quashed. 5. Today, the Applicant-Shailendra Kumar, S/o Shri Kamesh Chandra Gupta, is present and has been duly identified by Mr. Abhishek Verma, Advocate. Respondent No. 2-Vandna Sharma, D/o Vidya Sagar Sharma, is also present and has been identified by Ms. Aishwarya Thapliyal, Advocate, holding brief of Mr. Arjun Arora, Advocate for respondent no.2. 6. Respondent No. 2-Vandna Sharma makes a statement that she is wife of Shailendra Kumar. The motion is being considered between the husband and wife in the learned lower court. 7. On interacting with the parties, who are identified by their respective counsel, they make a statement that the parties have come into the terms of the compromise subject to the outcome of the motion in court below. 8. Learned counsel for the Applicant makes a statement that with certain conditions the parties have come into the terms of compromise. 9. There is a compounding application also been filed along with the said application paper no.31 wherein the counsel for the Respondent no.2 Shri Arjun Arora and counsel for the Applicant Shri Abhishek Verma, have endorsed the said compounding application with the signature of the parties. 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, it is well settled 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, learned State Counsel opposes the Compounding Application on the ground that some of the offences are non-compoundable. 12. Considering the overall facts and circumstances of the case, this Court is of the view that the ends of justice would be served by quashing the cognizance order dated 07.04.2025, Charge Sheet dated 26.09.2024 and entire proceedings of the Criminal Case No. 2198 of 2025 (Case Crime No. 193 of 2024) titled as “State vs. Shailendra Kumar” under Sections 323, 504, 506, 498A of IPC along with 3/4 of Dowry Prohibition Act, 1961, at Police Station Kotwali Dehradun, District Dehradun, pending in the court of learned Chief Judicial Magistrate, Dehradun, qua the present Applicant only. 13. Accordingly, the Compounding Application is allowed. The cognizance order dated 07.04.2025 as well as the Charge Sheet dated 26.09.2024 and the entire proceedings of the Criminal Case No. 2198 of 2025 (Case Crime No. 193 of 2024) titled as “State vs. Shailendra Kumar” under Sections 323, 504, 506, 498A of IPC along with 3/4 of Dowry Prohibition Act, 1961, at Police Station Kotwali Dehradun, District Dehradun, pending in the court of learned Chief Judicial Magistrate, Dehradun, are hereby quashed only in respect of the present Applicant. 14. The Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is accordingly disposed of. (Ashish Naithani, J.) 04.08.2025 Nahid