Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 11319 (UTT)

PRAKSH CHANDRA JOSHI v. STATE OF UTTARAKHAND

C528/491/2024 · 2025-02-19

Alok Mahra

body2025

Judgment text

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 JUDGES’S ORDERS 19.02.2025 C528 No.491 of 2024 Hon’ble Alok Mahra, J. Heard Mr. Gaurav Singh and Mr. K.K. Harbola, learned counsel for the applicant, Mr. Akshay Latwal, learned B.H. for the State and Mr. Dheeraj Joshi learned counsel holding brief of Mr. Manoj Lakhchaura, learned counsel for the private respondents. 2. Present C528 application is filed with the prayer to quash the cognizance order dated 07.10.2022 and the entire proceedings of Criminal Case No.158 of 2022 (FIR No.02/2021), under Sections 504 and 506 IPC and 25(9) and 30 of the Arms Act, pending in the court of Judicial Magistrate, Bhikyasain, District Almora on the basis of compromise between the parties. 3. Compounding application (IA/1/2024) is also filed in the matter wherein it is prayed to compound the offence between the parties under Sections 504 and 506 IPC and 25(9) and 30 of the Arms Act. 4. Parties are present before this Court today and duly identified by their respective counsels. Parties have also filed their respective affidavits stating the above fact of compromise between them. 5. Learned State Counsel raised a preliminary objection to the effect that the offences sought to be compounded are non-compoundable. 6. 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. 7. Following the aforesaid ratio, present compounding application (IA/1/2024) is allowed. The offences between the parties are permitted to be compounded. As a result, the cognizance order dated 07.10.2022 and the entire proceedings of Criminal Case No.158 of 2022 (FIR No.02/2021), under Sections 504 and 506 IPC and 25(9) and 30 of the Arms Act, pending in the court of Judicial Magistrate, Bhikyasain, District Almora, are hereby quashed qua the applicant. 8. C528 application stands disposed of in the aforesaid terms. 9. Pending application, if any, also stands disposed of. (Alok Mahra, J.) 19.02.2025 BS