St at e v. Vivek Rawat and Anot her

Mr. Akshay Lat wal, learned A.G.A. for t he St at e of Ut t arakhand.

3. Mr. Deep Prakash Bhat t , 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 Applicant Nos. 1 and 2-Vivek Rawat , S/ o Lat e Kishan Singh Rawat , and Sm t . Yashoda Devi, W/ o Lat e Kishan Singh Rawat , respect ively against Respondent No. 2- Sm t . Kanchan, W/ o Vikas Singh Rawat , seeking quashing of t he ent ire proceedings of Crim inal Case No. 1093 of 2024 ( Case Crim e No. 66 of 2023) , “ St at e vs. Vivek Rawat and Anot her” , offences punishable under Sect ions 498A, 323, and 504 of t he I ndian Penal Code, 1860, and under Sect ions 3 and 4 of t he Dowry Prohibit ion Act , 1961, pending before t he Court of t he learned Addit ional Chief Judicial Magist rat e, Vikas Nagar, Dehradun.

5. Mr. Am it Kapri, learned counsel for t he Applicant s st at es t hat due t o a t ypographical error, Respondent No. 2 has been incorrect ly described as t he wife of Vikas Singh Rawat , whereas she is, in fact , t he wife of Applicant No. 1- Vivek Rawat . He seeks correct ion of t he said error.

6. The t ypographical error is direct ed t o be correct ed fort hwit h.

7. 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.

8. Today, Applicant No. 1- Vivek Rawat and Applicant No. 2- Sm t . Yashoda Devi, is present before t he Court t hrough v ideo conferencing and were duly ident ified by Mr. Am it Kapri, Advocat e. Respondent No. 2- Sm t . Kanchan is also present t hrough video conferencing and has been duly ident ified by Mr. Deep Prakash Bhat t , Advocat e.

9. The Court int eract ed wit h Respondent No. 2. During t he int eract ion, she confirm ed t hat t he st at em ent m ade by t he learned counsel t he Applicant s regarding t he com prom ise is correct and t hat she has no obj ect ion t o t he Com pounding Applicat ion being 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 , Transfer Pet it ion ( Crim inal) No. 115 of 2012, 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 som e of t he offences involved ar e 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. 1093 of 2024 ( Case Crim e No. 66 of 2023) , “ St at e vs. Vivek Rawat and Anot her” , for offences punishable under Sect ions 498A, 323, and 504 of t he I ndian Penal Code, 1860, and under Sect ions 3 and 4 of t he Dowry Prohibit ion Act , 1961, pending before t he Court of t he learned Addit ional Chief Judicial Magist rat e, Vikas Nagar, Dehradun.

14. Accordingly, t he Com pounding Applicat ion allowed. The ent ire proceedings of Crim inal Case No. 1093 of 2024 ( Case Crim e No. 66 of 2023) , “ St at e vs. Vivek Rawat and Anot her” , for offences under Sect ions 498A, 323, and 504 I PC and Sect ions 3 and 4 of t he Dowry Prohibit ion Act , 1961, pending before t he Court of t he learned Addit ional Chief Judicial Magist rat e, Vikas Nagar, Dehradun, are hereby quashed qua t he present Applicant s 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=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA