St at e v. Gulsher and Ot hers

Mr. Akshay Pradhan, learned counsel t he Respondent Nos. 2 and 3.

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 s – Gulsher S/ o Anees, Salaudeen S/ o Anees, and Sm t . Jarefan W/ o Anees against Respondent Nos. 2 and 3 – I slam S/ o Sharif and Gaj ala W/ o Gulsher, t he Applicant No. 1, seeking quashing of t he charge- sheet dat ed

01.02.2020, t he cognizance and sum m oning order dat ed 13.04.2021, and t he ent ire proceedings of Crim inal Case No. 01 of 2022 ( arising out of Case Crim e No. 186 of 2019) , “ St at e vs. Gulsher and Ot hers” , for offences punishable under Sect ions 323, 504, 506 and 498A of t he I ndian Penal Code, 1860 and Sect ion 3/ 4 of t he Dowry Prohibit ion Act , 1961, pending before t he Court of learned Addit ional Civ il Judge/ Judicial Magist rat e, I I nd, Roorkee, Dist rict Haridwar.

5. Along wit h t he C- 528 Applicat ion, a j oint Com pounding Applicat ion ( I .A. No. 01 of 2025) has been filed, wherein it is st at ed t hat t he part ies have arrived at a com prom ise.

6. Learned counsel for t he Applicant s subm it s t hat t he m at t er arises out of a m at rim onial discord, which has now been am icably resolved. Respondent No. 3- Gaj ala W/ o Applicant No. 1 – Gulsher, aft er set t ling t he disput e, is now liv ing wit h him , and t hey do not wish t o pursue t he m at t er any furt her.

7. Today, Applicant Nos. 1 t o 3 – Gulsher, Salaudeen and Sm t . Jarefan and Respondent Nos. 2 and 3- I slam and Gaj ala are present before t his Court t hrough video conferencing and have been duly ident ified by t heir respect ive counsels.

8. Upon int eract ing wit h t he part ies, t hey have j oint ly st at ed t hat t he m at rim onial disput e has been set t led, t hey are now residing t oget her, and t hey do not wish t o pursue t he m at t er furt her.

9. This Court is of t he considered view t hat t here are sufficient grounds for allowing t he Com pounding Applicat ion, as t he part ies have arrived at a com prom ise and request t hat t he m at t er be com pounded.

10. 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 , d e ci d e d o n 0 6 .1 2 .2 0 1 2 , is well set t led t hat crim inal proceedings m ay be quashed if 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.

11. Per cont ra, learned St at e Counsel opposes t he Com pounding Applicat ion on t he ground t hat som e of t he offences are non- com poundable.

12. Considering t he overall fact s and circum st ances of t he case, and t he nat ure of t he disput e being prim arily m at rim onial, t his Court is of t he view t hat t he ends of j ust ice would be served by quashing t he ent ire proceedings of Crim inal Case No. 01 of 2022 ( arising out of Case Crim e No. 186 of 2019) , “ St at e vs. Gulsher and Ot hers” , for offences punishable under Sect ions 323, 504, 506 and 498A of t he I ndian Penal Code, 1860 and Sect ion 3/ 4 of t he Dowry Prohibit ion Act , 1961, pending before t he Court of learned Addit ional Civil Judge/ Judicial Magist rat e, I I nd, Roorkee, Dist rict Haridwar, qua t he present Applicant s only.

13. Accordingly, t he Com pounding Applicat ion allowed. The ent ire proceedings of Crim inal Case No. 01 of 2022 ( arising out of Case Crim e No. 186 of 2019) , “ St at e vs. Gulsher and Ot hers” , for offences punishable under Sect ions 323, 504, 506 and 498A of t he I ndian Penal Code, 1860 and Sect ion 3/ 4 of t he Dowry Prohibit ion Act , 1961, pending before t he Court of learned Addit ional Civil Judge/ Judicial Magist rat e, I I nd, Roorkee, Dist rict Haridwar, are hereby quashed only in respect of t he present Applicant s.

14. The Crim inal Miscellaneous Applicat ion 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.) SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA 3 0 .0 7 .2 0 2 5 Shiksha