High Court · 2025

2. Mr. G.C. Joshi, learned A.G.A. for t he St at e of Ut t arakhand.

3. Mr. Ankush Singhal, lear ned counsel holding brief of Mr. Basant Singh, lear ned counsel for t he Respondent No. 2.

4. The pr esent Crim inal Miscellaneous Applicat ion, filed under Sect ion 528 of t he Bharat iya Nagarik Suraksha Sanhit a, 2023, has been m oved by t he Applicant s – Am an Jot Singh alias Am an Sandhu and Kulwant Kaur – against Respondent No. 2- Muskan Dham ij a, wit h a prayer t o quash t he char ge- sheet dat ed

17.03.2021, t he sum m oning/ cognizance or der dat ed

23.11.2022, and t he ent ire proceedings of Crim inal Case No. 11404 of 2022, t it led “ St at e vs. Am an Singh Sandhu and Ot hers” , for offences punishable under Sect ions 498-A, 323, 504, and 506 of t he I ndian Penal Code, pending before t he Court of t he lear ned Chief Judicial Magist rat e, Rudrapur, Dist rict Udham Singh Nagar, arising out of FI R No. 27 of 2021, regist er ed at Police St at ion Rudrapur, Dist rict Udham Singh Nagar.

5. Lear ned counsel for t he Applicant s subm it s t hat t he pr esent m at t er pert ains t o a m at rim onial disput e t hat t he part ies have am icably resolved t heir differ ences by agreeing t o a m ut ual divorce. I n t his regard, a com pounding applicat ion has been filed as Paper No. 56, which bear s t he signat ures of t he Applicant s and Respondent No. 2. The said applicat ion is support ed by Mr. Harshpal Sek hon, lear ned counsel t he Applicant s, and Mr. Basant Singh, learned counsel for Respondent No. 2. Today, bot h part ies are present in Court along wit h t heir respect ive counsels and have been duly ident ified by t hem .

6. Upon int eract ing wit h t he part ies, part icularly wit h Applicant No. 1 – Am an Jot Singh alias Am an Singh Sandhu – and Respondent No. 2 – Muskan Dham ij a ( his wife) , it is evident t hat bot h part ies have volunt ar ily agreed t o set t le t he disput e and proceed wit h m ut ual divorce.

7. This Court , aft er due int eract ion, is of t he opinion t hat t he com pounding applicat ion has m erit and m ay be allowed, subj ect t o t he fulfillm ent of requisit e legal form alit ies before t he Trial Court .

8. The learned St at e Counsel, however, has opposed t he com pounding applicat ion on t he ground t hat som e t he offences involved ar e non- com poundable nat ur e.

9. Nevert heless, in light of t he legal principles laid down by t he Hon’ble Supr em e Cour t in Gian Singh v s. St at e of Punj ab, ( 2012) 10 SCC 303, and Dim pey Guj r al vs. Union Ter rit ory of Chandigarh, Transfer Pet it ion ( Crim inal) No. 115 of 2012, decided on 06.12.2012, t his Court is of t he view t hat even in cases involving non- com poundable offences, t he crim inal proceedings m ay be quashed in exercise of inherent powers wher e t he disput e has been am icably set t led and cont inuat ion of t he proceedings would am ount t o abuse of t he process of law.

10. Considering t he t ot alit y of t he circum st ances, t he nat ur e of t he offence, t he conduct of t he part ies, and t he am icable set t lem ent ar rived at bet w een t hem , t his Court is of t he consider ed view t hat t he ends of j ust ice would be served by quashing t he ent ire proceedings of Crim inal Case No. 11404 of 2022, t it led “ St at e vs. Am an Singh Sandhu and Ot hers” .

11. Accordingly, t he com pounding applicat ion allowed. The ent ire proceedings of Crim inal Case No. 11404 of 2022, t it led “ St at e vs. Am an Singh Sandhu and Ot her s” , for offences punishable under Sect ions 498-A, 323, 504, and 506 I PC, pending befor e t he learned Chief Judicial Magist rat e, Rudrapur, Dist rict Udham Singh Nagar, arising out of FI R No. 27 of 2021, regist ered at Police St at ion Rudrapur, are hereby quashed, insofar as t hey r elat e t o t he present Applicant s, in view of t he am icable set t lem ent arrived at bet w een t he part ies.

12. Consequent ly, t he pr esent Crim inal Miscellaneous Applicat ion filed under Sect ion 528 of t he Bharat iya Nagarik Suraksha Sanhit a, 2023, st ands allowed. ( Ash i sh N a i t h a n i , J.) 0 8 .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=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f218 22fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B 5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA