High Court · 2025

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

3. Mr. Mohd. Um ar, 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- Ram eez Ahm ad against Respondent No. 2 – Reshm a, wit h a prayer t o quash t he im pugned charge dat ed

13.12.2021 wit h t he cognizance/ sum m oning order dat ed 04.04.2022 and t he ent ire proceedings of Crim inal Case No. 1656 of 2022 arising out of FI R No. 533 of 2021 under Sect ions 498A, 323, 504, and 506 of t he I ndian Penal Code, 1860 and under Sect ion 3/ 4 of t he Dowry Prohibit ion Act , 1961, wit hin t he j urisdict ion of Police St at ion Kashipur, Dist rict Udham Singh Nagar, pending before t he Court of Addit ional Chief Judicial Magist rat e, Kashipur, Udham Singh Nagar.

5. Mr. Mohd. Azim , learned counsel t he Applicant , m akes a st at em ent t hat t here was a m at rim onial disput e bet ween t he part ies, i.e., t he Applicant – Ram eez Ahm ad and his wife Respondent No. 2 – Reshm a, whereby t he crim inal proceedings were init iat ed under Sect ions 498A, 323, 504, and 506 of t he I ndian Penal Code, 1860 and under Sect ion 3/ 4 of t he Dowry Prohibit ion Act , 1961 against t he Applicant . Now, t he part ies have arrived at a com prom ise and have am icably set t led t he m at t er, as t hey are now happily living t oget her. I n t his regard, a Com pounding Applicat ion ( Paper No. 39) has also been filed, wherein t he part ies have affixed t heir signat ures endorsing t he cont ent s t herein. The said Com pounding Applicat ion is also endorsed by t he learned counsels for t he part ies respect ively- Mr. Mohd. Um ar for Respondent No. 2, and Mr. Mohd. Azim for t he Applicant . The part ies are also present before t his Court and have been ident ified by t heir respect ive counsels.

6. Upon int eract ing wit h t he part ies, bot h separat ely and j oint ly, t his Court is sat isfied t hat t he Com pounding Applicat ion has sufficient grounds t o be allowed, as t he part ies have reconciled t he m at t er and are living t oget her.

7. 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.

8. 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.

9. 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. 1656 of 2022 arising out of FI R No. 533 of 2021 under Sect ions 498A, 323, 504, and 506 of t he I ndian Penal Code, 1860 and under Sect ion 3/ 4 of t he Dowry Prohibit ion Act , 1961, w it hin t he j urisdict ion of Police St at ion Kashipur, Dist rict Udham Singh Nagar, pending before t he Court of Addit ional Chief Judicial Magist rat e, Kashipur, Udham Singh Nagar.

10. Accordingly, t he Com pounding Applicat ion allowed. The ent ire proceedings of Crim inal Case No. 1656 of 2022 arising out of FI R No. 533 of 2021 under Sect ions 498A, 323, 504, and 506 of t he I ndian Penal Code, 1860 and under Sect ion 3/ 4 of t he Dowry Prohibit ion Act , 1961, wit hin t he j urisdict ion of Police St at ion Kashipur, Dist rict Udham Singh Nagar, pending before t he Court of Addit ional Chief Judicial Magist rat e, Kashipur, Udham Singh Nagar, are hereby quashed qua t he present Applicant only.

11. 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.) 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=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09 c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BE D00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA