St at e v. Lalit Singh Kharayat

3. Mr. Am it Kapri, 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 by t he Applicant- Lalit Singh Kharayat , against t he Respondent s, part icular Respondent No. 2- Yogesh Chandra Punera, wit h t he prayer t o quash t he charge sheet as w ell as t he ent ire proceedings of Crim inal Case No. 165 of 2025 ( Case Crim e No. 55 of 2024) , “ St at e vs. Lalit Singh Kharayat ”, under Sect ions 351( 3) and 78( 2) of B.N.S., 2023, under t he j urisdict ion of Police St at ion Jaj ardeval, Dist rict Pit horagarh, pending before t he Court of t he learned Chief Judicial Magist rat e, Pit horagarh, Dist rict Pit horagarh.

5. Along wit h t he C- 528 Applicat ion, a Com pounding Applicat ion ( I A No. 01 of 2025, Paper No. 29) has also been filed, which is support ed by affidavit s. The said Com pounding Applicat ion annexed wit h t he signat ures of t he part ies. The said Applicat ion is endorsed by t he learned counsels for t he part ies respect ively — Ms. Geet anj ali Dham i, learned counsel for t he Applicant , and Mr. Am it Kapri, learned counsel for Respondent No. 2. Bot h t he part ies, t he Applicant and Respondent No. 2 m ake a subm ission t hat t hey have arrived at a com prom ise and wish t o proceed wit h t he Com pounding Applicat ion, and request t hat t he m at t er be disposed of on t hat basis.

6. The learned St at e Counsel obj ect s t o t he Com pounding Applicat ion wit h t he cont ent ion t hat Sect ion 78( 2) of B.N.S, 2023 is non- com poundable.

7. The part ies are appearing t hrough video conferencing and are being ident ified by t heir respect ive counsels.

8. Upon int eract ing wit h t he part ies, Ms. Divya Punera Priya Punera, t he Com plainant / Respondent No. 2- Yogesh Chandra Punera, who happens t o be t he fat her of t hese girls and t he Applicant , who is alleged t o have been st alk ing Priya Punera and her sist er Divya Punera ( t he lat t er st anding in defense of her sist er) , it appears t hat t he m at t er was report ed by Respondent No. 2 against t he Applicant . The Applicant apologizes before t his Court w it h a st at em ent t hat he will not act in such a m anner furt her and will not t rouble t he said ( t he daught ers of Respondent No. 2) . Respondent No. 2, as well as his daught ers, subm it before t he Court t hat t hey have reconciled t he m at t er wit hout any duress or pressure and t hat t hey have done so of t heir own free will. Respondent No. 2 also m akes a sim ilar st at em ent and support s t he Com pounding Applicat ion.

9. This Court is sat isfied wit h t he subm issions and deem s it fit t o allow t he Com pounding Applicat ion.

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 Crim inal Case No. 165 of 2025 ( Case Crim e No. 55 of 2024) , “ St at e vs. Lalit Singh Kharayat ” , under Sect ions 351( 3) and 78( 2) of B.N.S., 2023, under t he j urisdict ion of Police St at ion Jaj ardeval, Dist rict Pit horagarh, pending before t he Court of t he learned Chief Judicial Magist rat e, Pit horagarh, Dist rict Pit horagarh.

11. Accordingly, t he Com pounding Applicat ion allowed. The ent ire proceedings of Crim inal Case No. 165 of 2025 ( Case Crim e No. 55 of 2024) , “ St at e vs. Lalit Singh Kharayat ”, under Sect ions 351( 3) and 78( 2) of B.N.S., 2023, under t he j urisdict ion of Police St at ion Jaj ardeval, Dist rict Pit horagarh, pending before t he Court of t he learned Chief Judicial Magist rat e, Pit horagarh, Dist rict Pit horagarh, 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 4 .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=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21 822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E6 7B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA