St at e v. Shiv Mohan and Anot her for t he offence punishable under Sect ions

3. Ms. Asm i, learned counsel for t he Respondent No. 2.

4. The present Crim inal Misc. Applicat ion No. 1257 of 2025, under Sect ion 528 of t he Bharat iya Nagarik Suraksha Sanhit a, 2023, is wit h t he prayer t hat t he charge- sheet dat ed

30.09.2022, t he cognizance/ sum m oning order dat ed 20.04.2023, passed by t he learned Second Addit ional Civil Judge ( JD) , Roorkee, Dist rict Haridwar, along wit h t he ent ire proceedings of Case No. 713 of 2023, “ St at e vs. Shiv Mohan and Anot her ” for t he offence punishable under Sect ions 452, 323, 504, 506, and 325 I PC relat ing t o FI R No. 373 of 2022 under t he j urisdict ion of Police St at ion Jhabrera, Dist rict Haridwar, pending before t he Court of t he learned I I nd Addit ional Civil Judge ( J.D.) , Roorkee, Dist rict Haridwar, be quashed on t he basis of com prom ise ent ered int o bet ween t he part ies.

5. A Com pounding Applicat ion ( I A No. 01 of 2025, Paper No. 25) , along wit h an affidavit , has been filed and is annexed wit h t he signat ures of t he Applicant and t he Respondent No. 2. The sam e has been duly verified by t heir respect ive counsels, Mr. Anuj Kum ar Tyagi, learned counsel for t he Applicant s, and Ms. Asm i, learned counsel for Respondent No. 2.

6. The Com pounding Applicat ion has been st rongly opposed by t he learned St at e Counsel, cont ending t hat t he offence under Sect ion 452 is non- com poundable.

7. On int eract ing w it h t he part ies individually, first ly wit h Respondent No. 2- Sukarm a, who supposed t o be t he inj ured in t he present m at t er, and t hen wit h t he Applicant- Shiv Mohan S/ o Lat e Kaluram , and Vikul Tyagi S/ o Shiv Mohan, t he Court is sat isfied t hat t he part ies have com e int o t erm s of com prom ise. The vict im / Respondent No. 2 subm it s t hat t he issue escalat ed and was j ust a t riable m at t er, and t he hurt caused, as shown, is not serious, and she does not wish t o pursue t he m at t er any furt her. Likewise, t he Applicant also m akes a sim ilar st at em ent t hat t here was a t riable issue bet ween t he children which escalat ed and t ook t he shape of t he crim inal case proceedings as m ent ioned above, and t hat t he part ies have com e int o t erm s of com prom ise. This Court is sat isfied wit h t he subm issions and assert ions m ade.

8. Heard learned counsel 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 “ Gian Singh vs. St at e of Punj ab, ( 2012) 10 SCC 303,” and “ Dim pey Guj ral vs. Union Territ ory of Chandigarh,” 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 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. Considering t he overall fact s and circum st ances of t he case, 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 Case No. 713 of 2023, “ St at e vs. Shiv Mohan and Anot her” for t he offence punishable under Sect ions 452, 323, 504, 506, and 325 I PC relat ing t o FI R No. 373 of 2022 under t he j urisdict ion of Police St at ion Jhabrera, Dist rict Haridwar, pending before t he Court of t he learned Second Addit ional Civil Judge ( JD) , Roorkee, Dist rict Haridwar.

11. Accordingly, t he Com pounding Applicat ion allowed. The ent ire proceedings of Case No. 713 of 2023, “ St at e vs. Shiv Mohan and Anot her” for t he offence punishable under Sect ions 452, 323, 504, 506, and 325 I PC relat ing t o FI R No. 373 of 2022 t he j urisdict ion of Police St at ion Jhabrera, Dist rict Haridwar, pending before t he Court of t he learned Second Addit ional Civil Judge ( JD) , Roorkee, Dist rict Haridwar, are hereby quashed.

12. The Crim inal Miscellaneous Applicat ion 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 2 .0 8 .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