High Court · 2025

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

3. Ms. Arushi Bat ra, learned counsel t he Respondent No. 2.

4. The present Crim inal Misc. 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 – Sri Dev Dhankar against Respondent No. 2 – Sm t . Rit ika Dhankar, w it h a prayer t o quash t he charge sheet dat ed 29.01.2024 arising out of FI R No. 708 of 2022 dat ed 29.01.2024 under Sect ions 323, 498A, 504, and 506 of t he I ndian Penal Code, and t he cognizance and sum m oning order dat ed

20.05.2025, passed by t he learned I st Addit ional Chief Judicial Magist rat e, Dehradun, in Crim inal Case No. 3587 of 2025, t it led as “ St at e vs. Dev Dhankar.”

5. Learned counsel for t he Applicant subm it s t hat t he m at t er pert ains t o m at rim onial discord bet ween t he part ies, nam ely t he Applicant – Sri Dev Dhankar and Respondent No. 2 – Sm t . Rit ika Dhankar, who is present ly t he wife of t he Applicant . There is a m at rim onial disput e bet ween t hem and t hey have m ut ually agreed t o separat e. I n t his regard, a Com pounding Applicat ion has been filed as Paper No. 62, duly signed by bot h part ies. The Com pounding Applicat ion is also endorsed by t heir respect ive learned counsels – Ms. Arushi Bat ra, Advocat e for Respondent No. 2, and Mr. Jai Krishna Pandey, Advocat e for t he Applicant .

7. Adm it . Since bot h part ies are present along wit h t heir respect ive counsels, t here is no need t o issue any not ice.

8. The Applicant and Respondent No. 2 are present before t his Court and have been ident ified by t heir respect ive counsels.

9. Upon int eract ing wit h t he part ies, t his Court is sat isfied t hat t hey do not wish t o pursue t he case any furt her as t hey have m ut ually resolved t he m at t er on t erm s of separat ion.

10. Sufficient grounds exist for allowing t he Com pounding Applicat ion.

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 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.

12. Per cont ra, t he learned St at e Counsel obj ect s t o t he Com pounding Applicat ion on t he ground t hat som e of t he offences are 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 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. 3587 of 2025, “ St at e vs. Dev Dhankar ” under Sect ions 323, 498A, 504 and 506 of t he I ndian Penal Code, 1860 wit hin t he j urisdict ion of Police St at ion Pat elnagar, Dist rict Dehradun, pending before t he Court of learned I st Addit ional Chief Judicial Magist rat e, Dehradun.

14. Accordingly, t he Com pounding Applicat ion allowed. The ent ire proceedings of Crim inal Case No. 3587 of 2025, “ St at e vs. Dev Dhankar” under Sect ions 323, 498A, 504 and 506 of t he I ndian Penal Code, 1860 wit hin t he j urisdict ion of Police St at ion Pat elnagar, Dist rict Dehradun, pending before t he Court of learned I st Addit ional Chief Judicial Magist rat e, Dehradun, are hereby quashed qua t he present Applicant .

15. Consequent ly, t he present Crim inal Miscellaneous Applicat ion filed under Sect ion 528 of t he Bharat iya Nagarik Suraksha Sanhit a, 2023 is allowed. ( A sh i sh N a i t h a n i , J.) 0 5 .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=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf63 9b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F 18FE29BDF5DD9, cn=SHIKSHA BINJOLA