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2019 DAILYLAW 608 (UTT)

SUBHAM VASHISTH v. STATE OF UTTARAKHAND

C482/2760/2019 · 2026-02-26

Alok Mahra

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS C-482 No. 2760 of 2019 Hon’ble Alok Mahra, J. Mr. Bhuwan Bhatt, learned counsel for the applicant. 2. Mr. Prabhat Kandpal, learned Brief Holder for the State. 3. Mr. S.K. Shandilya, learned counsel for respondent no. 2. 4. The present criminal misc. application is filed with the prayer to set-aside/quash the charge sheet dated 06.04.2019, cognizance/summoning order dated 13.08.2019 as well as the entire proceedings of Criminal Case No. 11776 of 2019, State Vs. Shubham Vashisth, under Sections 323, 504, 506 and 498-A of IPC and 3/4 of Dowry Probhition Act, pending in the court of learned Chief Judicial Magistrate, Haridwar, District Haridwar, on the basis of compromise between the parties. 5. Compounding application is also filed in the matter wherein it is prayed to compound the offence between the parties under Sections 323, 504, 506 and 498-A of IPC and 3/4 of Dowry Probhition Act. 6. Learned counsel for the applicant submits that the parties have amicably settled their dispute and have entered into a compromise. 7. Parties are virtually present before this Court and are duly identified by their respective counsels. Parties have also filed their respective affidavits stating the facts of compromise between them. It is submitted by the parties that they have entered into a compromise and have decided to live separately pursuant to which they have moved an application for mutual divorce on 09.09.2025 under Section 27 of Uniform Civil Code bearing Case No. 623 of 2025. 8. Learned State Counsel raised a preliminary objection to the effect that the offences sought to be compounded are non- compoundable. 9. However, the Hon’ble Apex Court in the case of B.S. Joshi and others Vs. State of Haryana reported in (2003) 4 S.C.C., Page 675, has permitted compounding of non- compoundable offences with the permission of Court, especially in matrimonial disputes. 10. Furthermore, Hon’ble Supreme Court, in a catena of its judgments, has observed that in cases where because of the compromise arrived at between the parties, possibility of conviction is remote and bleak, the High Court may quash the criminal proceedings as continuation of the same would cause great prejudice and injustice to the accused. 11. Following the aforesaid ratio, present compounding application (IA/1/2026) is allowed. The offences between the parties are permitted to be compounded. As a result, the entire proceedings of Criminal Case No. 11776 of 2019, State Vs. Shubham Vashisth, under Sections 323, 504, 506 and 498-A of IPC and 3/4 of Dowry Probhition Act, pending in the court of learned Chief Judicial Magistrate, Haridwar, District Haridwar, are hereby quashed qua the applicant. FIR and charge- sheet filed pursuant thereto stand quashed. 12. The present criminal misc. application stands disposed of in the aforesaid terms. (Alok Mahra J.) 26.02.2026 Ujjwal