St at e of Ut t arakhand v. Tapas Sarkar

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

3. Mr. Sachin, learned counsel holding brief of Mr. Kishore Rai, learned counsel for 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 -Tapas Sarkar S/ o Shri Narayan Sarkar against Respondent No. 2- Neeraj Paswan seeking quashing of t he char ge sheet dat ed

09.11.2023, t he sum m oning order dat ed 19.01.2024 and t he ent ire proceedings of Crim inal Case No. 210 of 2024, “ St at e of Ut t arakhand vs. Tapas Sarkar,” for offence punishable under Sect ions 323, 341, 354, 504 and 506 of t he I ndian Penal Code, 1860, pending in t he Court of t he learned Addit ional Judicial Magist rat e/ I st Addit ional Civil Judge ( S.D.) Rudrapur, Dist rict Udham Singh Nagar.

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 and signed by t he part ies, duly support ed by t heir separat e affidavit s, wherein it is st at ed t hat t he part ies have ent ered int o a com prom ise and request t hat , in t his light , t he m at t er m ay be com pounded.

6. As per t he order sheet dat ed 11.06.2025, t he Coordinat e Bench direct ed t he part ies t o appear before t he Secret ary, Dist rict Legal Services Aut horit y, Rudrapur, Dist rict Udham Singh Nagar on 17.06.2025, who, t urn, would t ake t heir Aadhaar Cards ident ificat ion and also verify and aut hent icat e t he cont ent s of t he com pounding applicat ion by recording t heir st at em ent s. Furt her direct ions were m ade for subm it t ing t he report of t he learned Secret ary, Dist rict Legal Services Aut horit y, Rudrapur, Dist rict Udham Singh Nagar before t he next dat e of list ing.

7. Today, Applicant No. 1- Tapas Sarkar is present in person before t he Court and is duly ident ified by Mr. Mani Kum ar, Advocat e. Respondent No. 2- Neeraj Paswan is also present in person before t he Court and is duly ident ified by Mr. Sachin, Advocat e.

8. The Court also int eract ed wit h t he Respondent No. 2. During t he int eract ion, he m ade a st at em ent t hat he does not wish t o pursue t he m at t er any furt her. He fairly conceded t hat he has no obj ect ion t he com pounding applicat ion is allowed.

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

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 , t his Court holds 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, t he learned St at e Counsel raised a prelim inary obj ect ion, cont ending t hat t he offence under Sect ion 354 I PC, is non- com poundable.

12. Considering t he overall fact s and circum st ances of t he case, and as t he part ies are relat ives, t his Court is of t he view t hat t he ends of j ust ice w ould be m et by quashing t he ent ire proceedings of Crim inal Case No. 210 of 2024, “ St at e of Ut t arakhand vs. Tapas Sarkar,” for offence punishable under Sect ions 323, 341, 354, 504 and 506 of t he I ndian Penal Code, 1860, pending t he Court of t he learned Addit ional Judicial Magist rat e/ I st Addit ional Civ il Judge ( S.D.) Rudrapur, Dist rict Udham Singh Nagar.

13. Accordingly, t he Com pounding Applicat ion allowed. The ent ire proceedings of Crim inal Case No. 210 of 2024, “ St at e of Ut t arakhand vs. Tapas Sarkar,” for offence punishable under Sect ions 323, 341, 354, 504 and 506 of t he I ndian Penal Code, 1860, pending before t he Court of t he learned Addit ional Judicial Magist rat e/ I st Addit ional Civil Judge ( S.D.) Rudrapur, Dist rict Udham Singh Nagar, are hereby quashed.

14. 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.) 2 7 .0 6 .2 0 2 5 Shiksha SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f2182 2fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B 5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA