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2022 DAILYLAW 505 (UTT)

SANDEEP CHAND v. STATE OF UTTARAKHAND

C482/717/2022 · 2026-04-21

Alok Mahra

body2022

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. 717 of 2022 Hon’ble Alok Mahra, J. Mr. Manvendra Singh, learned counsel for the applicants. 2. Mr. S.C. Dumka, learned A.G.A. for the State. 3. Mr. Pranav Singh, learned counsel for respondent no. 2. 4. The present criminal misc. application is filed with a prayer to quash and set-aside the chargesheet, summoning order as well as the entire proceedings of Criminal Case No. 1331 of 2021, State Vs. Sandeep Chand and Others, under Sections 498-A, 323, 504 and 506 of IPC and 3/4 of Dowry Prohibition Act, pending in the court of learned 2nd ACJM, District Dehradun. 5. Now, Compounding Application is filed in the matter wherein it is prayed to compound the offences between the parties Sections 498-A, 323, 504 and 506 of IPC and 3/4 of Dowry Prohibition Act. 6. Learned counsel for the applicants submits that the parties have amicably settled their dispute and have entered into a compromise. It is further submitted that parties have filed petition under Section 27 of UCC in which first motion has been done and tomorrow is the date fixed for second motion. 7. Applicants are virtually present before this Court and the complainant is present in person before this Court. They are duly identified by their respective counsels. Parties have also filed their respective affidavits stating the facts of compromise between them. 8. The Court interacted with the parties. Upon interaction, respondent no. 2 submits she has amicably settled her dispute with the applicant and they she does not want to pursue with the criminal proceedings against the applicants. 9. At this stage, learned State Counsel raised a preliminary objection to the effect that the offences sought to be compounded are non- compoundable. 10. 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. 11. 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. 12. Following the aforesaid ratio, the present compounding application is allowed. The offences between the parties are permitted to be compounded. As a result, the entire proceedings of Criminal Case No. 1331 of 2021, State Vs. Sandeep Chand and Others, under Sections 498- A, 323, 504 and 506 of IPC and 3/4 of Dowry Prohibition Act, pending in the court of learned 2nd ACJM, District Dehradun, are hereby quashed qua the applicants. FIR and charge-sheet filed pursuant thereto stand quashed. 13. Accordingly, the present criminal misc. application stands disposed of in the aforesaid terms. (Alok Mahra J.) 21.04.2026 Ujjwal