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2025 DAILYLAW 11340 (UTT)

LALIT JOSHI v. STATE OF UTTARAKHAND

C528/479/2024 · 2025-02-19

Alok Mahra

body2025

Judgment text

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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.479 of 2024 Hon’ble Alok Mahra, J. Heard Mr. Dheeraj Joshi, learned counsel holding brief of Mr. Manoj Lakhchaura, learned counsel for the applicants, Mr. Akshay Latwal, learned B.H. for the State, Mr. K.K. Harbola, learned counsel for the victim and Mr. Gaurav Singh, learned counsel for respondent no.3. 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.159 of 2022 (FIR No.03/2021), under Sections 147, 323, 504 and 506 IPC, 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 147, 323, 504 and 506 IPC. 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.159 of 2022 (FIR No.03/2021), under Sections 147, 323, 504 and 506 IPC, pending in the court of Judicial Magistrate, Bhikyasain, District Almora, are hereby quashed qua the applicants. 8. C528 application stands disposed of in the aforesaid terms. (Alok Mahra, J.) 19.02.2025 BS