St at e of Ut t arakhand v. Pankaj

Ms. Manisha Rana Singh, learned Deput y Advocat e General for t he St at e of Ut t arakhand.

3. Mr. B.S. Koranga, learned counsel holding brief of Mr. Rishabht Bisht , 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- Pankaj against Respondent No. 2- Sm t . Archana seeking quashing of t he sum m oning order dat ed 22.11.2023 and t he ent ire proceedings of Crim inal Case No. 3216 of 2023, “ St at e of Ut t arakhand vs. Pankaj ,” for offence punishable under Sect ions 498A and 506 of t he I ndian Penal Code, 1860, pending t he Court of learned Judicial Magist rat e I I nd 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. Today, Applicant No. 1- Pankaj is present person before t he Court and is duly ident ified by Mr. Vikas Kum ar Guglani, Advocat e. Respondent No. 2- Sm t . Archana is also present in person before t he Court and is duly ident ified by Mr. B.S. Koranga, Advocat e.

7. The Court also int eract ed wit h Respondent No. 2. During t he int eract ion, she st at ed t hat she is residing wit h t he Applicant and does not wish t o pursue t he m at t er any furt her. She fairly conceded t hat she has no obj ect ion t o t he com pounding applicat ion being allowed.

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

9. 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.

10. Per cont ra, t he learned St at e Counsel raised a prelim inary obj ect ion, cont ending t hat som e of t he offences are non- com poundable.

11. Considering t he overall fact s and circum st ances of t he case, including t he fact t hat bot h t he part ies have resum ed cohabit at ion, t his Court is of t he view 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. 3216 of 2023, “ St at e of Ut t arakhand vs. Pankaj ,” for offence punishable under Sect ions 498A and 506 of t he I ndian Penal Code, 1860, pending t he Court of learned Judicial Magist rat e I I nd Rudrapur, Dist rict Udham Singh Nagar.

12. Accordingly, t he Com pounding Applicat ion allowed. The ent ire proceedings of Crim inal Case No. 3216 of 2023, “ St at e of Ut t arakhand vs. Pankaj ,” for offence punishable under Sect ions 498A and 506 of t he I ndian Penal Code, 1860, pending in t he Court of learned Judicial Magist rat e I I nd Rudrapur, Dist rict Udham Singh Nagar, are hereby quashed.

13. 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.) 0 4 .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=3410ef86ae41ec9fbabcd5dba6b3a2c24 b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542 D7FF0A9BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA