St at e v. Ankush Ghildiyal

Mr. Sachin Panwar, learned counsel for t he Applicant s.

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

3. Mr. M.S. Bisht , learned counsel for t he Respondent Nos. 2 t o 5.

4. The present Applicat ion has been filed under Sect ion 528 of t he Bharat iya Nagar ik Suraksha Sanhit a, 2023 t o quash t he charge- sheet dat ed 14.11.2023, sum m oning order dat ed 26.04.2024 and t he ent ire proceedings of Cr im inal Case No. 1933 of 2024 ( Case Cr im e No. 193 of 2023) , “ St at e vs. Ankush Ghildiyal”, for t he offence punishable under Sect ions 323, 324, 504 I PC and under Sect ion 25/ 4 of t he Arm s Act , 1959, regist ered at Police St at ion Kot dwar, Dist r ict Paur i Garhwal, pending in t he Court of Addit ional Chief Judicial Magist rat e, Kot dwar, Dist r ict Pauri Garhwal.

5. Along w it h C- 528 Applicat ion, a Com pounding Applicat ion ( I A No. 1 of 2024) has been signed by t he part ies and has been filed, which is duly support ed by separat e affidavit s of t he Applicant s and t he Respondent Nos. 2 t o 5. Applicant s and Respondent Nos. 2 t o 5 are present before t his Court and are duly ident ified by t heir respect ive counsels.

6. Learned counsel t he part ies have t heir respect ive affidavit s along w it h t he com pounding applicat ion st at ing t herein t hat t hey do not want t o pursue t he present crim inal case any furt her and a set t lem ent has reached bet ween t hem .

7. Heard learned counsel for t he part ies and perused t he m at erial available on record.

8. I n view of t he pr inciple of law laid down by Hon’ble t he Apex Court in t he case of Gi a n Si n g h v s. St a t e o f Pu n j a b r e p o r t e d i n 2 0 1 2 ( 1 0 ) SCC 3 0 3 as well as in Tr a n sf er 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 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 ) d e ci d e d o n 0 6 .1 2 .2 0 1 2 , crim inal proceedings can be quashed by t his Court , if t his Court is sat isfied t hat m at t er has been set t led bet ween t he part ies am icably and part ies are int erest ed t o rest ore peace and harm ony bet ween t hem .

9. Per cont ra, learned St at e Counsel has form ally obj ect ed t o t he offences m ade out in t he pr esent case.

10. Keeping in view of t he t ot alit y of t he fact s and circum st ances of t he case, t his Court is of t he view t hat ends of j ust ice would be m et , if t he ent ire proceedings of Cr im inal Case No. 1933 of 2024 ( Case Cr im e No. 193 of 2023) , “ St at e vs. Ankush Ghildiyal”, for t he offence punishable under Sect ions 323, 324, 504 I PC and under Sect ion 25/ 4 of t he Arm s Act , 1959, pending in t he Court of Addit ional Chief Judicial Magist rat e, Kot dwar, Dist r ict Pauri Garhwal, are hereby quashed.

11. I n view of t he above, t he Com pounding Applicat ion is allowed. The ent ire pr oceedings of Cr im inal Case No. 1933 of 2024 ( Case Crim e No. 193 of 2023) , “ St at e vs. Ankush Ghildiyal”, for t he offence punishable under Sect ions 323, 324, 504 I PC and under Sect ion 25/ 4 of t he Arm s Act , 1959, pending in t he Court of Addit ional Chief Judicial Magist rat e, Kot dwar, Dist r ict Paur i Garhwal, are hereby quashed.

12. The Crim inal Miscellaneous Applicat ion, filed under Sect ion 528 of t he Bharat iya Nagar ik Suraksha Sanhit a, 2023, is disposed of accordingly. ( A sh i sh N a i t h a n i , J.) 1 7 .0 6 .2 0 2 5 SHIKSHA Shiksha BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12 f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED0 0E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA