St at e of Ut t arakhand v. Arm y Capt ain Anugrah Deshm ukh

Mr. N.S. Kanyal, learned A.G.A. for t he St at e of Ut t arakhand.

3. Mr. Rishab Ranghar, learned counsel t he 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 of t he Applicant – Anugrah Shyam rao Deshm ukh against Respondent No. 2- Poonam Thapa, seeking quashing t he charge- sheet dat ed

16.09.2023, t he sum m oning/ cognizance order dat ed

25.07.2024 and t he ent ire proceedings of Crim inal Case No. 5830 of 2024, “ St at e of Ut t arakhand vs. Arm y Capt ain Anugrah Deshm ukh” , for offences punishable under Sect ions 376, 504 and 506 of t he I ndian Penal Code, 1860, pending before t he Court of learned Chief Judicial Magist rat e, Dehradun.

5. Along w it h C- 528 Applicat ion, a j oint Com pounding Applicat ion ( I A No. 01 of 2025, Paper No. 144) has been filed, wherein it is st at ed t hat t he part ies have ent ered int o com prom ise.

6. The Applicant-Anugrah Shyam rao Deshm ukh, is present t hrough video conferencing and has been ident ified by Mr. Raj Kum ar Singh, Advocat e. The Applicant is current ly serving in t he I ndian Arm y and is post ed as a Field Maj or in Sikkim . Respondent No. 2- Poonam Thapa is also present t hrough v ideo conferencing and has been ident ified by Mr. Rishab Ranghar, Advocat e.

7. Respondent No. 2- Poonam Thapa, st at es t hat she and t he Applicant were in a relat ionship and t hat cert ain m isunderst andings had arisen, leading t o t he present m at t er, for which t he Applicant has now m oved t his Applicat ion.

8. As t here are ongoing crim inal proceedings, t he Applicant and Respondent No. 2, w ho now wish t o be t oget her again, are unable t o do so while t he proceedings rem ain pending. Bot h part ies have expressed a desire t o wit hdraw from all crim inal proceedings and t o com pound t he present m at t er.

9. Upon hearing t he part ies and perusing t he records, I find sufficient grounds t o allow t he Com pounding Applicat ion.

10. 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 , 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 , t his Court holds 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, t he learned St at e Counsel raised a prelim inary obj ect ion, cont ending 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 v iew 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. 5830 of 2024, “ St at e of Ut t arakhand vs. Arm y Capt ain Anugrah Deshm ukh” , for offences punishable under Sect ions 376, 504 and 506 of t he I ndian Penal Code, 1860, pending before t he Court of learned Chief Judicial Magist rat e, Dehradun.

13. Accordingly, t he Com pounding Applicat ion allowed. The ent ire proceedings of Crim inal Case No. 5830 of 2024, “ St at e of Ut t arakhand vs. Arm y Capt ain Anugrah Deshm uk h” , for offences punishable under Sect ions 376, 504 and 506 of t he I ndian Penal Code, 1860, pending before t he Court of learned Chief Judicial Magist rat e, Dehradun, are hereby quashed qua t he present Applicant only.

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. ( A sh i sh N a i t h a n i , J.) 2 3 .0 7 .2 0 2 5 Shiksha SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a 2c24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796 A542D7FF0A9BED00E67B5283D205F18FE2 9BDF5DD9, cn=SHIKSHA BINJOLA