Unknown vs Shanker Rastogi And Others” on 23 March, 2026

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    Uttarakhand High Court

    Unknown vs Shanker Rastogi And Others” on 23 March, 2026

                                                                                  COURT'S OR JUDGE'S ORDERS
    
                 Office Notes,
                reports, orders
                or proceedings
    SL.   Dat
                 or directions
    No.    e
                and Registrar's
                  order with
                  Signatures
                                                                                   2026:UHC:2030
    
                                  IA No.1/2026 (Compounding Application)
                                  with
                                  C528 No.486 of 2026
    
                                  Hon'ble Ashish Naithani, J.
    

    Mr. Pankaj Sharma, learned counsel for the Applicants.

    2. Mr. Akshay Latwal, learned AGA with Mr. Nikhil
    Bisht, learned Brief Holder, for the State of Uttarakhand/1.

    SPONSORED

    3. Mr. Amit Kapri, learned counsel for the Respondent
    No.2.

    4. In the present Application filed under Section 528 of
    the Bhartiya Nagarik Suraksha Sanhita, 2023 the Applicants
    have put a challenge to the entire proceedings of Criminal
    Case No.920 of 2024, “State Vs. Shanker Rastogi and others

    under Sections 498A, 323, 504 and 506 of IPC and under
    Sections ¾ of the Dowry Prohibition Act, 1961, which is
    pending before the court of learned Additional Chief Judicial
    Magistrate, Khatima, District Udham Singh Nagar.

    5. There is a compounding application also filed along
    with present C528 Application as paper no.28, whereby it is
    prayed that since the parties i.e. Applicant No.1 and the
    Respondent No.2, do not wish to live together due to
    temperamental differences, the matter may be compounded
    and matter may be disposed of accordingly. The Applicants
    and Respondent No.2 are present in person before this Court,
    who have been duly identified by their learned counsel, and
    after interacting with the parties the grounds for allowing the
    compounding are found to be sufficient. The Applicants and
    the Respondent No.2 have annexed their signatures and duly
    endorsed by the learned counsel for the parties. The
    application is also supported with an affidavit of the parties.

    6. Today, the matter is listed for disposal of the aforesaid
    compounding application.

    7. As per the compounding application, there is a joint
    submissions on behalf of the Applicants as well as the
    Respondent No.2 that the incident happened due to
    misunderstanding, and now they have reconciled the matter
    and have come into the terms of the compromise and hence
    the compounding application may be allowed and the matter
    may be disposed of accordingly.

    8. This Court is of the considered view that the grounds
    for compounding are sufficient.

    9. Considering the overall facts and circumstance of the
    case, and particularly, the fact that the parties have settled
    their dispute amicably, this Court finds ground sufficient for
    allowing the compounding application.

    10. Heard learned counsel for the parties and perused the
    material available on record.

    11. In view of the principle of law laid down by Hon’ble
    the Apex Court in the case of Gian Singh vs. State of Punjab
    reported in 2012 (10) SCC 303 as well as in Transfer
    Petition (Criminal) No. 115 of 2012 (Dimpey Gujral vs.
    Union Territory of Chandigarh
    ) decided on 06.12.2012,
    criminal proceedings can be quashed by this Court, if this
    Court is satisfied that matter has been settled between the
    parties amicably and parties are interested to restore peace and
    harmony between them.

    12. In view of the above, the compounding application is
    allowed. The entire proceedings of the Criminal Case No.920
    of 2024, “State Vs. Shanker Rastogi and others
    ” under
    Sections 498A, 323, 504 and 506 of IPC and under Sections
    ¾ of the Dowry Prohibition Act, 1961, which is pending
    before the court of learned Additional Chief Judicial
    Magistrate, Khatima, District Udham Singh Nagar, are hereby
    quashed.

    13. The Criminal Miscellaneous Application, filed under
    528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 is
    disposed of accordingly.

    (Ashish Naithani, J.)
    23.03.2026
    Nitesh/



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