3015 I N TH E H I GH COURT OF UTTA RA K H v. St at e of Ut t arakhand and Anot her

: Mr. Bhaskar Chandra Joshi, A.G.A. Counsel for t he Respondent : Mr. Sandeep Tiwari, No. 2 Advocat e. H o n ’ b l e A sh i sh N a i t h a n i , J. The present Applicat ion has been filed under Sect ion 482 of t he Code of Crim inal Procedure, 1973 t o quash t he charge- sheet , sum m oning order and t he ent ire proceedings of Crim inal Case No. 863 of 2021, “ St at e vs. Rahul Ast hana and Ot hers” under Sect ions 323, 417, 498- A, 504 of t he I ndian Penal Code, 1860 and under Sect ion 3/ 4 of Dowry Prohibit ion Act , 1961, regist ered at Police St at ion Dalanwala, Dist rict Dehradun, pending before t he Court of learned VI t h Addit ional Civil Judge ( S.D.) / Addit ional Chief Judicial Magist rat e, Dehradun. 2

2. Subsequent t o t he subm ission of t he charge- sheet , learned Trial Court t ook t he cognizance and passed t he sum m oning order against t he applicant s- accused persons for t he offence under Sect ions 323, 498- A, 417, 504 of t he I ndian Penal Code, 1860 and Sect ion 3/ 4 of t he Dowry Prohibit ion Act , 1961.

3. Along wit h C- 482 Applicat ion, a j oint Com pounding Applicat ion ( I A No. 10 of 2025) has been signed and filed by t he part ies, which is duly support ed by separat e affidavit s of applicant s, respondent no.2 – com plaint and vict im .

4. Shri Rahul Ast hana, Shri Virendra Nat h Ast hana, Sm t . Reena Ast hana- applicant no.1, applicant no. 2 and applicant no. 3 respect ively are present in- person before t his Court and t hey are duly ident ified by Mr. Saurav Adhikari, Advocat e.

5. Shri Um esh Bahadur Saxena- respondent no. 2 and vict im are present in- person before t his Court and t hey are ident ified by Mr. Sandeep Tiwari, Advocat e.

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

7. Learned counsel for t he applicant subm it t ed t hat a sum of Rs. 20,00,000/ - ( Rupees t went y lakhs only) has 3 already been paid earlier t o respondent no. 2 and vict im t owards t he set t lem ent . Today, an addit ional am ount of Rs. 11,00,000/ - ( Rupees Eleven lakhs only) has been handed over t o respondent no. 2 and vict im by way of a dem and draft in open court .

8. The Court also had an int eract ion wit h Shri. Um esh Bahadur Saxena, respondent no. 2 and vict im about t he com prom ise, t o which, t hey fairly conceded t hat t hey are accept ing t he dem and draft of Rs. 11,00,000/ - and t hey have no obj ect ion if com pounding applicat ion is allowed.

9. Respondent no. 2 and vict im also subm it t ed t hat t hey do not want t o proceed wit h t he said Crim inal Case. They furt her subm it t ed t hat t here were privat e disput es bet ween t hem and t he said disput es have been resolved, t herefore, a j oint com pounding applicat ion has been filed along wit h affidavit s wit h t heir free will and wit hout any pressure.

10. The respondent no. 2 and t he vict im request ed t o quash t he ent ire proceedings of Crim inal Case No. 863 of 2021, “ St at e vs. Rahul Ast hana and Ot hers” under Sect ions 323, 417, 498- A, 504 of t he I ndian Penal Code, 1860 and under Sect ion 3/ 4 of Dowry Prohibit ion Act , 1961, regist ered at Police St at ion Dalanwala, Dist rict Dehradun, pending 4 before t he Court of learned VI t h Addit ional Civil Judge ( S.D.) / Addit ional Chief Judicial Magist rat e, Dehradun.

11. Per cont ra, learned St at e Counsel has form ally obj ect ed t o t he offences m ade out in t he present case.

12. I n view of t he set t lem ent arrived at bet ween t he part ies and t he principle of law laid down by Hon’ble t he Apex Court in t he case of Gi a n Si n g h v s. St a t e o f Pu n j a b r e p o r t e d i n 2 0 1 2 ( 1 0 ) SCC 3 0 3 as well as in 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 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 ) d e ci d e d o n 0 6 .1 2 .2 0 1 2 , crim inal proceedings can be quashed by t his Court , if t his Court is sat isfied t hat m at t er has been set t led bet ween t he part ies am icably and part ies are int erest ed t o rest ore peace and harm ony bet ween t hem .

13. Keeping in view of t he t ot alit y of t he fact s and circum st ances of t he case, t his Court is of t he view t hat ends of j ust ice would be m et if t he ent ire proceedings of Crim inal Case No. 863 of 2021, “ St at e vs. Rahul Ast hana and Ot hers” under Sect ions 323, 417, 498- A, 504 of t he I ndian Penal Code, 1860 and under Sect ion 3/ 4 of Dowry Prohibit ion Act , 1961, regist ered at Police St at ion Dalanwala, Dist rict Dehradun, pending before t he Court of learned VI t h 5 Addit ional Civil Judge ( S.D.) / Addit ional Chief Judicial Magist rat e, Dehradun, are quashed.

14. Result ant ly, t he ent ire proceedings of ent ire proceedings of t he ent ire proceedings of Crim inal Case No. 863 of 2021, “ St at e vs. Rahul Ast hana and Ot hers” under Sect ions 323, 417, 498- A, 504 of t he I ndian Penal Code, 1860 and under Sect ion 3/ 4 of Dowry Prohibit ion Act , 1961, regist ered at Police St at ion Dalanwala, Dist rict Dehradun, pending before t he Court of learned VI t h Addit ional Civil Judge ( S.D.) / Addit ional Chief Judicial Magist rat e, Dehradun are hereby quashed.

15. The Crim inal Miscellaneous Applicat ion No. 1287 of 2021, filed under Sect ion 482 of t he Code of Crim inal Procedure, is disposed of accordingly. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A SH I SH N A I TH A N I , J. Dt : 24 t h Apr il, 2025 Shik sha SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c 24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A54 2D7FF0A9BED00E67B5283D205F18FE29BDF5 DD9, cn=SHIKSHA BINJOLA