St at e v. Shadab, for offences punishable under Sect ion

Mr. G.C Joshi, learned A.G.A. for t he St at e of Ut t arakhand.

3. Mr. Aayush Gaur, learned counsel t he Respondent No. 2.

4. The present applicat ion under Sect ion 528 of t he Bharat iya Nagarik Suraksha Sanhit a, 2023, has been filed on behalf of t he Applicant - Shadab Khan against Respondent No. 2- Ruby, seeking quashing of t he charge- sheet dat ed 21.04.2021, t he sum m oning order dat ed 29.06.2021, and t he ent ire proceedings of Crim inal Case No. 3130 of 2021, St at e vs. Shadab, for offences punishable under Sect ion 376 of t he I ndian Penal Code, 1860, pending before t he Court of t he learned Chief Judicial Magist rat e, Dehradun.

5. Along w it h t he present applicat ion under Sect ion 528, a j oint Com pounding Applicat ion ( I .A. No. 1 of 2025) has been filed, duly signed by t he part ies and support ed by t heir respect ive affidavit s. I t is st at ed t herein t hat t he part ies have am icably set t led t he m at t er and request t hat t he case be com pounded accordingly.

6. Today, t he Applicant- Shadab Khan is present t hrough video conferencing before t he Court and is duly ident ified by Mr. Karan Anand, Advocat e. Respondent No. 2- Ruby is also present t hrough video conferencing before t he Court and is duly ident ified by Mr. Aayush Gaur, Advocat e.

7. Learned counsels for t he part ies subm it t hat bot h t he part ies got m arried, and t heir nikahnam a annexed as Paper No. 45 ( Annexure No. 7) .

8. The Court also int eract ed wit h Respondent No. 2. During t he int eract ion, she st at ed t hat she has no obj ect ion t o t he Com pounding Applicat ion being allowed.

9. Learned counsel for t he Applicant has placed reliance upon t he j udgm ent in t he case of “ Uj j wal Gaut am vs. St at e of Ut t arakhand” , decided on

07.12.2022, wherein t he offence under Sect ion 376 I PC was com pounded and t he com pounding applicat ion was allowed.

10. Heard learned counsel for t he part ies and perused t he m at erial available on record.

11. I n light of t he legal principles laid down by t he Hon’ble Apex Court in Gi a n Si n g h v s. St a t e o f Pu n j a b , ( 2 0 1 2 ) 1 0 SCC 3 0 3 , and D i m p e y Gu j r a l v s. Un i o n Te r r i t o r y o f Ch a n d i g a r h , Tr a n sf e r Pe t i t i o n ( Cr i m i n a l ) N o . 1 1 5 o f 2 0 1 2 , decided on 06.12.2012, t his Court holds t hat crim inal proceedings m ay be quashed t he m at t er has been am icably set t led bet ween t he part ies and t hey are inclined t o rest ore peace and harm ony.

12. Per cont ra, t he learned St at e Counsel raised a prelim inary obj ect ion, cont ending t hat Sect ion 376 I PC is non- com poundable.

13. Considering t he overall fact s and circum st ances of t he case, t his Court is of t he v iew t hat t he ends of j ust ice would be m et by quashing t he ent ire proceedings of Crim inal Case No. 3130 of 2021, “ St at e vs. Shadab” , for offences punishable under Sect ion 376 of t he I ndian Penal Code, 1860, pending before t he Court of t he learned Chief Judicial Magist rat e, Dehradun.

14. Accordingly, t he Com pounding Applicat ion allowed. The ent ire proceedings of Crim inal Case No. 3130 of 2021, “ St at e v s. Shadab” , for offences punishable under Sect ion 376 of t he I ndian Penal Code, 1860, pending before t he Court of t he learned Chief Judicial Magist rat e, Dehradun, are hereby quashed qua t he present Applicant only .

15. The Crim inal Miscellaneous Applicat ion filed under Sect ion 528 of t he Bharat iya Nagarik Suraksha Sanhit a, 2023, is accordingly disposed of. ( A sh i sh N a i t h a n i , J.) 1 5 .0 7 .2 0 2 5 Shiksha SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd4 0bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D 205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA