High Court · 2025

Mr. Vipul Painuly, learned A.G.A. for t he St at e of Ut t arakhand.

3. Ms. Aishwarya Thapliyal, learned counsel holding brief of Mr. Arj un Arora, learned counsel for 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 t he Applicant–Shailendra Kum ar against Respondent No. 2-Vandna Sharm a, wit h a prayer t hat t he cognizance order dat ed 07.04.2025 as well as t he Charge Sheet dat ed 26.09.2024 and t he ent ire proceedings of t he Crim inal Case No. 2198 of 2025 ( Case Crim e No. 193 of 2024) t it led as “ St at e vs. Shailendra Kum ar ” under Sect ions 323, 504, 506, 498A of I PC along wit h 3/ 4 of Dowry Prohibit ion Act , 1961, at Police St at ion Kot wali Dehradun, Dist rict Dehradun, pending in t he court of learned Chief Judicial Magist rat e, Dehradun m ay be quashed.

5. Today, t he Applicant- Shailendra Kum ar, S/ o Shri Kam esh Chandra Gupt a, is present and has been duly ident ified by Mr. Abhishek Verm a, Advocat e. Respondent No. 2-Vandna Sharm a, D/ o Vidya Sagar Sharm a, is also present and has been ident ified by Ms. Aishwarya Thapliyal, Advocat e, holding brief of Mr. Arj un Arora, Advocat e for respondent no.2.

6. Respondent No. 2-Vandna Sharm a m akes a st at em ent t hat she is wife of Shailendra Kum ar. The m ot ion is being considered bet ween t he husband and wife in t he learned lower court .

7. On int eract ing wit h t he part ies, who are ident ified by t heir respect ive counsel, t hey m ake a st at em ent t hat t he part ies have com e int o t he t erm s of t he com prom ise subj ect t o t he out com e of t he m ot ion in court below.

8. Learned counsel for t he Applicant m akes a st at em ent t hat wit h cert ain condit ions t he part ies have com e int o t he t erm s of com prom ise.

9. There is a com pounding applicat ion also been filed along wit h t he said applicat ion paper no.31 wherein t he counsel for t he Respondent no.2 Shri Arj un Arora and counsel t he Applicant Shri Abhishek Verm a, have endorsed t he said com pounding applicat ion w it h t he signat ure of t he part ies.

10. I n light of t he legal principles laid dow n 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 , a n d 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 , it is well set t led 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.

11. Per cont ra, learned St at e Counsel opposes t he Com pounding Applicat ion on t he ground t hat som e of t he offences are non- com poundable.

12. 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 served by quashing t he cognizance order dat ed

07.04.2025, Charge Sheet dat ed 26.09.2024 and ent ire proceedings of t he Crim inal Case No. 2198 of 2025 ( Case Crim e No. 193 of 2024) t it led as “ St at e vs. Shailendra Kum ar ” under Sect ions 323, 504, 506, 498A of I PC along wit h 3/ 4 of Dowry Prohibit ion Act , 1961, at Police St at ion Kot wali Dehradun, Dist rict Dehradun, pending in t he court of learned Chief Judicial Magist rat e, Dehradun, qua t he present Applicant only.

13. Accordingly, t he Com pounding Applicat ion is allowed. The cognizance order dat ed 07.04.2025 as well as t he Charge Sheet dat ed 26.09.2024 and t he ent ire proceedings of t he Crim inal Case No. 2198 of 2025 ( Case Crim e No. 193 of 2024) t it led as “ St at e vs. Shailendra Kum ar ” under Sect ions 323, 504, 506, 498A of I PC along wit h 3/ 4 of Dowry Prohibit ion Act , 1961, at Police St at ion Kot wali Dehradun, Dist rict Dehradun, pending in t he court of learned Chief Judicial Magist rat e, Dehradun, are hereby quashed only in respect of t he present Applicant .

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. 0 4 .0 8 .2 0 2 5 Nahid ( A sh i sh N a i t h a n i , J.)