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2025 DAILYLAW 9766 (UTT)

AMAN JOT SINGH ALIAS AMAN SINGH SANDHU AND ANR v. STATE OF UTTARAKHAND

C528/1335/2025 · 2025-08-08

Ashish Naithani

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Judgment text

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2025:UHC:6988 S L. N o. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C-528 No. 1335 of 2025 Hon’ble Ashish Naithani, J. Mr. Rashid Hussain, learned counsel holding brief of Mr. Harshpal Sekhon, learned counsel for the Applicants. 2. Mr. G.C. Joshi, learned A.G.A. for the State of Uttarakhand. 3. Mr. Ankush Singhal, learned counsel holding brief of Mr. Basant Singh, learned counsel for the Respondent No. 2. 4. The present Criminal Miscellaneous Application, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been moved by the Applicants – Aman Jot Singh alias Aman Sandhu and Kulwant Kaur – against Respondent No. 2- Muskan Dhamija, with a prayer to quash the charge-sheet dated 17.03.2021, the summoning/cognizance order dated 23.11.2022, and the entire proceedings of Criminal Case No. 11404 of 2022, titled “State vs. Aman Singh Sandhu and Others”, for offences punishable under Sections 498-A, 323, 504, and 506 of the Indian Penal Code, pending before the Court of the learned Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar, arising out of FIR No. 27 of 2021, registered at Police Station Rudrapur, District Udham Singh Nagar. 5. Learned counsel for the Applicants submits that the present matter pertains to a matrimonial dispute and that the parties have amicably resolved their differences by agreeing to a mutual divorce. In this regard, a compounding application has been filed as Paper No. 56, which bears the signatures of the 2025:UHC:6988 Applicants and Respondent No. 2. The said application is supported by Mr. Harshpal Sekhon, learned counsel for the Applicants, and Mr. Basant Singh, learned counsel for Respondent No. 2. Today, both parties are present in Court along with their respective counsels and have been duly identified by them. 6. Upon interacting with the parties, particularly with Applicant No. 1 – Aman Jot Singh alias Aman Singh Sandhu – and Respondent No. 2 – Muskan Dhamija (his wife), it is evident that both parties have voluntarily agreed to settle the dispute and proceed with mutual divorce. 7. This Court, after due interaction, is of the opinion that the compounding application has merit and may be allowed, subject to the fulfillment of requisite legal formalities before the Trial Court. 8. The learned State Counsel, however, has opposed the compounding application on the ground that some of the offences involved are non-compoundable in nature. 9. Nevertheless, in light of the legal principles laid down by the Hon’ble Supreme 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 is of the view that even in cases involving non-compoundable offences, the criminal proceedings may be quashed in exercise of inherent powers where the dispute has been amicably settled and continuation of the proceedings would amount to abuse of the process of law. 2025:UHC:6988 10. Considering the totality of the circumstances, the nature of the offence, the conduct of the parties, and the amicable settlement arrived at between them, this Court is of the considered view that the ends of justice would be served by quashing the entire proceedings of Criminal Case No. 11404 of 2022, titled “State vs. Aman Singh Sandhu and Others”. 11. Accordingly, the compounding application is allowed. The entire proceedings of Criminal Case No. 11404 of 2022, titled “State vs. Aman Singh Sandhu and Others”, for offences punishable under Sections 498-A, 323, 504, and 506 IPC, pending before the learned Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar, arising out of FIR No. 27 of 2021, registered at Police Station Rudrapur, are hereby quashed, insofar as they relate to the present Applicants, in view of the amicable settlement arrived at between the parties. 12. Consequently, the present Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, stands allowed. (Ashish Naithani, J.) 08.08.2025 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=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f218 22fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B 5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.08.08 16:51:43 +05'30' 2025:UHC:6988