Uttarakhand High Court
Unknown vs Gulsher And on 30 July, 2025
2025:UHC:6650
Office Notes,
reports, orders or
SL.
proceedings or
No Date COURT'S OR JUDGE'S ORDERS
directions and
.
Registrar's order
with Signatures
C-582 No. 769 of 2025
Hon'ble Ashish Naithani, J.
Mr. Shashank Pandey, learned counsel for the
Applicant through video conferencing.
2. Mr. Prabhat Kandpal, learned Brief Holder for the
State of Uttarakhand.
3. Mr. Akshay Pradhan, learned counsel for the
Respondent Nos. 2 and 3.
4. The present Application under Section 528 of
the Bharatiya Nagarik Suraksha Sanhita, 2023, has
been filed on behalf of the Applicants – Gulsher S/o
Anees, Salaudeen S/o Anees, and Smt. Jarefan W/o
Anees against Respondent Nos. 2 and 3 – Islam S/o
Sharif and Gajala W/o Gulsher, the Applicant No. 1,
seeking quashing of the charge-sheet dated
01.02.2020, the cognizance and summoning order
dated 13.04.2021, and the entire proceedings of
Criminal Case No. 01 of 2022 (arising out of Case
Crime No. 186 of 2019), “State vs. Gulsher and
Others”, for offences punishable under Sections 323,
504, 506 and 498A of the Indian Penal Code, 1860
and Section 3/4 of the Dowry Prohibition Act, 1961,
pending before the Court of learned Additional Civil
Judge/Judicial Magistrate, IInd, Roorkee, District
Haridwar.
5. Along with the C-528 Application, a joint
Compounding Application (I.A. No. 01 of 2025) has
been filed, wherein it is stated that the parties have
arrived at a compromise.
6. Learned counsel for the Applicants submits that
the matter arises out of a matrimonial discord, which
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has now been amicably resolved. Respondent No. 3-
Gajala W/o Applicant No. 1 – Gulsher, after settling
the dispute, is now living with him, and they do not
wish to pursue the matter any further.
7. Today, Applicant Nos. 1 to 3 – Gulsher,
Salaudeen and Smt. Jarefan and Respondent Nos. 2
and 3-Islam and Gajala are present before this Court
through video conferencing and have been duly
identified by their respective counsels.
8. Upon interacting with the parties, they have
jointly stated that the matrimonial dispute has been
settled, they are now residing together, and they do
not wish to pursue the matter further.
9. This Court is of the considered view that there
are sufficient grounds for allowing the Compounding
Application, as the parties have arrived at a
compromise and request that the matter be
compounded.
10. In light of the legal principles laid down by the
Hon’ble Apex Court in Gian Singh vs. State of
Punjab, (2012) 10 SCC 303, and Dimpey Gujral
vs. Union Territory of Chandigarh, Transfer
Petition (Criminal) No. 115 of 2012, decided on
06.12.2012, it is well settled that criminal
proceedings may be quashed if the matter has been
amicably settled between the parties and they are
inclined to restore peace and harmony.
11. Per contra, learned State Counsel opposes the
Compounding Application on the ground that some of
the offences are non-compoundable.
12. Considering the overall facts and circumstances
of the case, and the nature of the dispute being
primarily matrimonial, this Court is of the view that
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the ends of justice would be served by quashing the
entire proceedings of Criminal Case No. 01 of 2022
(arising out of Case Crime No. 186 of 2019), “State
vs. Gulsher and Others”, for offences punishable
under Sections 323, 504, 506 and 498A of the Indian
Penal Code, 1860 and Section 3/4 of the Dowry
Prohibition Act, 1961, pending before the Court of
learned Additional Civil Judge/Judicial Magistrate,
IInd, Roorkee, District Haridwar, qua the present
Applicants only.
13. Accordingly, the Compounding Application is
allowed. The entire proceedings of Criminal Case No.
01 of 2022 (arising out of Case Crime No. 186 of
2019), “State vs. Gulsher and Others”, for offences
punishable under Sections 323, 504, 506 and 498A of
the Indian Penal Code, 1860 and Section 3/4 of the
Dowry Prohibition Act, 1961, pending before the
Court of learned Additional Civil Judge/Judicial
Magistrate, IInd, Roorkee, District Haridwar, are
hereby quashed only in respect of the present
Applicants.
14. The Criminal Miscellaneous Application filed
under Section 528 of the Bharatiya Nagarik Suraksha
Sanhita, 2023, is accordingly disposed of.
(Ashish Naithani, J.)
SHIKSHA BINJOLA
Digitally signed by SHIKSHA BINJOLA
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001,
st=UTTARAKHAND,
serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA
BINJOLA
Date: 2025.07.30 17:54:55 +05’30’
30.07.2025
Shiksha
2025:UHC:6650