Misc Application No. 680 of 2024 · High Court of Uttarakhand · 2025

Judgment

1. By m eans of t his Crim inal Miscellaneous Applicat ion, filed under Sect ion 528 Bharat iya Nagarik Suraksha Sanhit a, applicant s have sought quashing of sum m oning order dat ed 18.04.2022 and ent ire proceedings of Crim inal Case No. 1587 of 2022 ( St at e of Ut t arakhand v. Naveen Chandra Suyal & ot hers) , under Sect ions 323, 504, 506 & 498A I PC and Sect ion 3/ 4 of Dowry Prohibit ion Act , pending before learned Civil Judge, ( S.D.) / Judicial Magist rat e, Haldwani, Dist rict Nainit al.

2. A com pounding applicat ion, j oint ly signed by counsel for applicant s and counsel for respondent no. 2 has been filed, duly support ed by affidavit s of applicant s and respondent no. 2 ( com plainant ) .

3. Learned counsels for t he part ies subm it t hat 1 part ies have buried t heir differences and ent ered int o a com prom ise and set t led t he disput e am icably out side t he court , t herefore, no useful purpose would be

served if t he crim inal case is cont inued. Mr. Aayush Gaur, learned counsel for t he com plainant subm it s t hat his client want s t o com pound t he m at t er before t his Court against t he applicant s.

4. Applicant s are present before t he Court t oday, who are duly ident ified by Mr. Nikhil Bhat t , Advocat e.

5. Respondent no. 2 ( com plainant ) is present t hrough video conference before t he Court t oday, who is duly ident ified by Mr. Aayush Gaur, Advocat e. Com plainant subm it t ed t hat in view of t he set t lem ent arrived bet ween her and t he applicant s, she does not want t o prosecut e t he applicant s any furt her.

6. I n t his applicat ion, applicant s challenged t he sum m oning order and also t he proceedings of Crim inal Case No. 1587 of 2022.

7. Learned counsel for t he applicant s subm it s t hat t he part ies have resolved t he disput e am icably, t herefore, in view of t he set t lem ent arrived at bet ween t hem , proceedings of Crim inal Case No. 1587 of 2022 and also t he sum m oning order deserves t o be quashed.

8. Learned St at e Counsel subm it s t hat t he offence under Sect ion 498A of I .P.C. is not com poundable; he, however, subm it s t hat he has no 2 obj ect ion, if t he m at t er is com pounded.

9. Having regard t o t he nat ure of offence and also considering t he broad guidelines issued by Hon’ble Apex Court in t he case of Gi a n Si n g h Vs St a t e o f Pu n j a b report ed in ( 2 0 1 2 ) 1 0 SCC 3 0 3 ; N a r i n d e r Si n g h & o t h e r s Vs St a t e o f Pu n j a b & a n o t h e r report ed in ( 2 0 1 4 ) 6 SCC 4 6 6 and St a t e o f M a d h y a Pr a d e sh Vs. La x m i N a r a y a n report ed in ( 2 0 1 9 ) 5 SCC 6 8 8 , request of t he applicant deserves t o be acceded t o.

10. Since t he part ies have ent ered int o a com prom ise, t herefore, possibilit y of t he t rial result ing int o convict ion of t he accused is rem ot e and bleak and, t hat being so, cont inuat ion of crim inal proceedings would visit t he accused wit h great oppression, prej udice and inj ust ice. Rat her, it would t ant am ount t o abuse of process of law. Ends of j ust ice would be m et only if crim inal proceedings are put t o an end, because t his would allow t he part ies t o t ranslat e t heir decision t o live in peace in t he realit y. The only considerat ion for t he com prom ise reached bet ween t he part ies seem s t o be t heir desire t o burry t he hat chet for all t im es t o com e. Resolut ion of a disput e by way of a com prom ise bet ween t wo warring groups, t herefore, should at t ract t he im m ediat e and prom pt at t ent ion of a Court which should endeavour t o give full effect t o t he sam e unless such com prom ise is abhorrent t o lawful com posit ion of t he societ y or would prom ot e savagery.

11. I n view of above discussion, Crim inal Miscellaneous Applicat ion is allowed. Ent ire proceedings 3 of Crim inal Case No. 1587 of 2022, pending in t he Court of learned Civil Judge ( S.D) / Judicial Magist rat e, Haldwani is hereby quashed along wit h all proceedings em anat ing t herefrom .

12. Com pounding applicat ion ( I A No. 4 of 2025) is, accordingly, disposed of. ________________________ M A N OJ K UM A R TI W A RI , J.

18.11.2025 Aswal NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a0 8b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DA CF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL 4