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2025:UHC:6856 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. 1307 of 2025 Hon’ble Ashish Naithani, J.
Mr. Jai Krishna Pandey, learned counsel for the Applicant.
2. Mr. Akshay Latwal, learned A.G.A. for the State of Uttarakhand.
3. Ms. Arushi Batra, learned counsel for the Respondent No. 2.
4. The present Criminal Misc. Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of the Applicant – Sri Dev Dhankar against Respondent No. 2 – Smt. Ritika Dhankar, with a prayer to quash the charge sheet dated 29.01.2024 arising out of FIR No. 708 of 2022 dated 29.01.2024 under Sections 323, 498A, 504, and 506 of the Indian Penal Code, and the cognizance and summoning
order dated 20.05.2025, passed by the learned Ist Additional Chief Judicial Magistrate, Dehradun, in Criminal Case No. 3587 of 2025, titled as “State vs. Dev Dhankar.”
5.
Learned counsel for the Applicant submits that the matter pertains to matrimonial discord between the parties, namely the Applicant – Sri Dev Dhankar and Respondent No. 2 – Smt. Ritika Dhankar, who is presently the wife of the Applicant. There is a matrimonial dispute between them and they have mutually agreed to separate. In this regard, a Compounding Application has been filed as Paper No. 62, duly signed by both parties. The said Compounding Application is also endorsed by their respective learned counsels – Ms. Arushi Batra,
2025:UHC:6856 Advocate for Respondent No. 2, and Mr. Jai Krishna Pandey, Advocate for the Applicant. 6. Admit. 7. Since both parties are present along with their respective counsels, there is no need to issue any notice. 8. The Applicant and Respondent No. 2 are present before this Court and have been identified by their respective counsels. 9. Upon interacting with the parties, this Court is satisfied that they do not wish to pursue the case any further as they have mutually resolved the matter on terms of separation. 10. Sufficient grounds exist for allowing the Compounding Application. 11. 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. 12. Per contra, the learned State Counsel objects to the Compounding Application on the ground that some of the offences are non-compoundable. 13. 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. 3587 of 2025,
“State vs. Dev Dhankar” under Sections 323, 498A, 504 and 506 of the Indian Penal Code, 1860 within
2025:UHC:6856 the jurisdiction of Police Station Patelnagar, District Dehradun, pending before the Court of learned Ist Additional Chief Judicial Magistrate, Dehradun. 14. Accordingly, the Compounding Application is allowed.
14. Accordingly, the Compounding Application is allowed. The entire proceedings of Criminal Case No. 3587 of 2025, “State vs. Dev Dhankar” under Sections 323, 498A, 504 and 506 of the Indian Penal Code, 1860 within the jurisdiction of Police Station Patelnagar, District Dehradun, pending before the Court of learned Ist Additional Chief Judicial Magistrate, Dehradun, are hereby quashed qua the present Applicant. 15. Consequently, the present Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed. (Ashish Naithani, J.) 05.08.2025 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: 2025.08.06 13:16:48 +05'30'
2025:UHC:6856