Extracted from the PDF above. The PDF is authoritative.
SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
C528 No.36 of 2025 Hon’ble Pankaj Purohit, J.
Mr. Yogesh Updhyay, learned counsel for the applicants.
2. Mr. Vipul Panuly, Brief Holder for the State.
3. Mr. Azmeen Seikh, learned counsel for respondent no.2.
4. Present C528 application is filed with the prayer to quash the summoning order dated 23.09.2022 passed by learned Additional Chief Judicial Magistrate, Kashipur, District U.S. Nagar in Crl. Case No.4698 of 2022 State v. Ajmer Singh & others, and with a further prayer to quash the entire proceedings of aforesaid case.
5. Compounding application (IA/1/2025) is also filed in the matter wherein it is prayed to compound the offence between the parties for the offence u/s 323, 498-A, 504 and 506 IPC r/w Section 3/4 of the D.P. Act pending before the said Court.
5. Both the parties are present before the Court duly identified by their respective counsel.
6. It is jointly submitted by the parties that they have settled their scores outside the Court and now they have decided to live separately; for this purpose, a petition u/s 13-B of the Hindu Marriage Act, 1955 is also filed before the Court of Additional Chief Judicial Magistrate, Kashipur, District U.S. Nagar, in Divorce Petition No.491 of 2024 (Ajmer Singh v. Manpreet Kaur) wherein the date of second motion is fixed for 06.05.2025.
7. Learned State Counsel raised a preliminary objection to the effect that the offences sought to be
compounded are non-compoundable.
8. However, the 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.
9. Following the aforesaid ratio, present compounding application (IA/1/2025) is allowed. The offences between the parties are permitted to be compounded. As a result, the entire proceedings of Crl. Case No.4698 of 2022 State v. Ajmer Singh & others, are hereby quashed.
10. C528 application stands disposed of in the aforesaid terms.
(Pankaj Purohit, J.)
09.01.2025 Kaushal