St at e v. Aashm a

Mr. N.S. Kanyal, learned A.G.A. for t he St at e of Ut t arakhand.

3. Mr. Digvij ay Singh Bisht , learned counsel holding brief of Mr. Vishal Vikram Singh, learned counsel for t he Respondent Nos. 2 t o 5.

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 seeking quashing of t he charge- sheet dat ed 10.08.2022, t he sum m oning order dat ed 08.12.2022, and t he ent ire proceedings of Crim inal Case No. 12012/ 2022 ( Case Crim e No. 337 of 2021) , “ St at e vs. Aashm a” , for offences punishable under Sect ions 323, 324, 504, and 506 of t he I ndian Penal Code, 1860, pending before t he Court of learned Judicial Magist rat e- I st, Rudrapur, Udham Singh Nagar.

5. On t he last dat e fixed, i.e., 18.07.2025, appearances were recorded on behalf of t he part ies. Ms. Manj u Chauhan, Advocat e, holding brief for Mr. Avidit Noliyal, Advocat e, appeared for t he Applicant . Mr. G.C. Joshi, A.G.A., appeared t he St at e of Ut t arak hand.

6. I t was not ed from t he subm issions of t he learned counsel for t he Applicant t hat t he par t ies are likely t o arrive at a com prom ise.

7. Learned St at e Counsel obj ect ed t o t he Com pounding Applicat ion, subm it t ing t hat serious inj ur ies were sust ained by Respondent No. 4 – Swaleha Parveen and Respondent No. 3 – Shaist a Parveen. As per t he m edical report , head inj uries were apparent on Respondent No. 4. I t was t hus subm it t ed t hat t he m at t er should not be com pounded.

8. Today, t he Applicant-Aashm a W/ o Shakir Hussain is present in- person before t his Cour t and has been ident ified by Ms. Manj u Chauhan, Advocat e. Respondent No. 2-Anj ar Hussain S/ o Gulam Hussain, Respondent No. 3- Shaist a Parveen D/ o Gulam Hussain, and Respondent No. 4- Swaleha Parveen D/ o Gulam Hussain are also pr esent in- person and have been duly ident ified by Mr. Digvij ay Singh Bisht , Advocat e. Respondent No. 5- Mairunisha W/ o Gulam Hussain is present t hrough video conferencing and is also duly ident ified by Mr. Digvij ay Singh Bisht , Advocat e.

9. Learned St at e Counsel point s out t hat Respondent No. 5- Mairunisha is not a necessary part y. Upon inquiry t he Court , learned counsel t he Applicant concurred wit h t he subm ission of t he St at e Counsel, t hough he st at ed t hat her im pleadm ent was done for t he bet t er disposal of t he m at t er. She is t herefore direct ed t o be delet ed from t he array of part ies.

10. Learned St at e Counsel furt her raised a prelim inary obj ect ion, cont ending t hat som e of t he offences involved ar e non- com poundable.

11. I n light of t he legal principles laid down by t he Hon’ble Suprem e 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 is of t he considered view 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.

12. Considering t he overall fact s and circum st ances of t he case, t his Court finds t hat t he ends of j ust ice would be served by quashing t he proceedings of Crim inal Case No. 12012/ 2022 ( Case Crim e No. 337 of 2021) , “ St at e vs. Aashm a” , for offences under Sect ions 323, 324, 504, and 506 of t he I ndian Penal Code, 1860, pending before t he Court of learned Judicial Magist rat e- I st, Rudrapur, Udham Singh Nagar.

13. Accordingly, t he ent ire proceedings of Crim inal Case No. 12012/ 2022 ( Case Crim e No. 337 of 2021) , “ St at e vs. Aashm a” , pending before t he learned Judicial Magist rat e- I st, Rudrapur, Udham Singh Nagar, are hereby quashed qua t he present Applicant only, subj ect t o t he condit ion t hat Respondent No. 5- Mairunisha W/ o Gulam Hussain shall be delet ed from t he array of part ies t he pleadings fort hwit h. Thereaft er, t he Com pounding Applicat ion shall be deem ed operat ive and is allowed accor dingly.

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 1 .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=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf63 9b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F 18FE29BDF5DD9, cn=SHIKSHA BINJOLA