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2025:UHC:6855 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. 1311 of 2025 Hon’ble Ashish Naithani, J.
Mr. Mohd. Azim, learned counsel for the Applicant. 2. Mr. Akshay Latwal, learned A.G.A. for the State of Uttarakhand. 3. Mr. Mohd. Umar, 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-Rameez Ahmad against Respondent No. 2 – Reshma, with a prayer to quash the impugned charge sheet dated 13.12.2021 along with the cognizance/summoning order dated 04.04.2022 and the entire proceedings of Criminal Case No. 1656 of 2022 arising out of FIR No. 533 of 2021 under Sections 498A, 323, 504, and 506 of the Indian Penal Code, 1860 and under Section 3/4 of the Dowry Prohibition Act, 1961, within the jurisdiction of Police Station Kashipur, District Udham Singh Nagar, pending before the Court of Additional Chief Judicial Magistrate, Kashipur, Udham Singh Nagar. 5. Mr. Mohd. Azim, learned counsel for the Applicant, makes a statement that there was a matrimonial dispute between the parties, i.e., the Applicant – Rameez Ahmad and his wife Respondent No. 2 – Reshma, whereby the criminal proceedings were initiated under Sections 498A, 323, 504, and 506 of the Indian Penal Code, 1860 and under Section 3/4 of the Dowry Prohibition Act, 1961
2025:UHC:6855 against the Applicant. Now, the parties have arrived at a compromise and have amicably settled the matter, as they are now happily living together. In this regard, a Compounding Application (Paper No. 39) has also been filed, wherein the parties have affixed their signatures endorsing the contents therein. The said Compounding Application is also endorsed by the learned counsels for the parties respectively-Mr. Mohd. Umar for Respondent No. 2, and Mr. Mohd. Azim for the Applicant. The parties are also present before this Court and have been identified by their respective counsels. 6. Upon interacting with the parties, both separately and jointly, this Court is satisfied that the Compounding Application has sufficient grounds to be allowed, as the parties have reconciled the matter and are living together. 7.
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. 8. Per contra, the learned State Counsel objects to the Compounding Application on the ground that some of the offences are non-compoundable. 9. 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. 1656 of 2022
2025:UHC:6855 arising out of FIR No. 533 of 2021 under Sections 498A, 323, 504, and 506 of the Indian Penal Code, 1860 and under Section 3/4 of the Dowry Prohibition Act, 1961, within the jurisdiction of Police Station Kashipur, District Udham Singh Nagar, pending before the Court of Additional Chief Judicial Magistrate, Kashipur, Udham Singh Nagar. 10. Accordingly, the Compounding Application is allowed. The entire proceedings of Criminal Case No. 1656 of 2022 arising out of FIR No. 533 of 2021 under Sections 498A, 323, 504, and 506 of the Indian Penal Code, 1860 and under Section 3/4 of the Dowry Prohibition Act, 1961, within the jurisdiction of Police Station Kashipur, District Udham Singh Nagar, pending before the Court of Additional Chief Judicial Magistrate, Kashipur, Udham Singh Nagar, are hereby quashed qua the present Applicant only. 11. The Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is accordingly disposed of. (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=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09 c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BE D00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.08.06 13:17:14 +05'30'
2025:UHC:6855