Uttarakhand High Court
Unknown vs Shadab on 15 July, 2025
2025:UHC:6158
Office Notes,
reports, orders or
SL.
proceedings or
No Date COURT'S OR JUDGE'S ORDERS
directions and
.
Registrar's order
with Signatures
C-528 No. 83 of 2025
Hon'ble Ashish Naithani, J.
Mr. Karan Anand, learned counsel for the
Applicant.
2. Mr. G.C Joshi, learned A.G.A. for the State of
Uttarakhand.
3. Mr. Aayush Gaur, learned counsel for the
Respondent No. 2.
4. The present application under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, has been
filed on behalf of the Applicant- Shadab Khan against
Respondent No. 2-Ruby, seeking quashing of the
charge-sheet dated 21.04.2021, the summoning order
dated 29.06.2021, and the entire proceedings of
Criminal Case No. 3130 of 2021, State vs. Shadab, for
offences punishable under Section 376 of the Indian
Penal Code, 1860, pending before the Court of the
learned Chief Judicial Magistrate, Dehradun.
5. Along with the present application under Section
528, a joint Compounding Application (I.A. No. 1 of
2025) has been filed, duly signed by the parties and
supported by their respective affidavits. It is stated
therein that the parties have amicably settled the
matter and request that the case be compounded
accordingly.
6. Today, the Applicant-Shadab Khan is present
through video conferencing before the Court and is duly
identified by Mr. Karan Anand, Advocate. Respondent
No. 2-Ruby is also present through video conferencing
before the Court and is duly identified by Mr. Aayush
Gaur, Advocate.
7. Learned counsels for the parties submit that both
2025:UHC:6158
the parties got married, and their nikahnama is
annexed as Paper No. 45 (Annexure No. 7).
8. The Court also interacted with Respondent No. 2.
During the interaction, she stated that she has no
objection to the Compounding Application being
allowed.
9. Learned counsel for the Applicant has placed
reliance upon the judgment in the case of "Ujjwal
Gautam vs. State of Uttarakhand", decided on
07.12.2022, wherein the offence under Section 376 IPC
was compounded and the compounding application was
allowed.
10. Heard learned counsel for the parties and perused
the material available on record.
11. 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,
this Court holds 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.
12. Per contra, the learned State Counsel raised a
preliminary objection, contending that Section 376 IPC
is non-compoundable.
13. Considering the overall facts and circumstances of
the case, this Court is of the view that the ends of
justice would be met by quashing the entire
proceedings of Criminal Case No. 3130 of 2021, "State
vs. Shadab", for offences punishable under Section 376
of the Indian Penal Code, 1860, pending before the
Court of the learned Chief Judicial Magistrate,
Dehradun.
2025:UHC:6158
14. Accordingly, the Compounding Application is
allowed. The entire proceedings of Criminal Case No.
3130 of 2021, "State vs. Shadab", for offences
punishable under Section 376 of the Indian Penal Code,
1860, pending before the Court of the learned Chief
Judicial Magistrate, Dehradun, are hereby quashed qua
the present Applicant only.
15. The Criminal Miscellaneous Application filed under
Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023, is accordingly disposed of.
(Ashish Naithani, J.)
15.07.2025
Shiksha
SHIKSHA
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Date: 2025.07.15 17:12:49 +05'30'
2025:UHC:6158
