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2025 DAILYLAW 11362 (UTT)

SHAKIL AHAMAD v. STATE OF UTTARAKHAND

C528/500/2024 · 2025-02-25

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 25.02.2025 C528 No.500 of 2024 Hon’ble Alok Mahra, J. Mr. Shariq Khurshid, learned counsel for the applicant. 2. Mr. Bhaskar Joshi, learned AGA for the State. 3. Mr. Ajeet Yadav, learned counsel for respondent no.2. 4. Present C528 application is filed with the prayer to quash the cognizance order dated 13.07.2020, charge-sheet dated 27.06.2019 and the entire proceedings of Criminal Case No.172 of 2021 (FIR No.312/2018), under Sections 498-A, 323, 504 & 506 IPC and Section 3/4 of Dowry Prohibition Act, pending in the court of Civil Judge/ Judicial Magistrate, Jaspur, District Udham Singh Nagar on the basis of compromise between the parties. 5. Compounding application (IA/1/2024) is also filed in the matter wherein it is prayed to compound the offence between the parties under Sections 498-A, 323, 504 & 506 IPC and Section 3/4 of Dowry Prohibition Act. 6. Parties are present before this Court today and duly identified by their respective counsel. Parties have also filed their respective affidavits stating the above fact of compromise between them. 7. Learned State Counsel has formally opposed the compounding application. 8. 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. 9. 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 13.07.2020, charge-sheet dated 27.06.2019 and the entire proceedings of Criminal Case No.172 of 2021 (FIR No.312/2018), under Sections 498-A, 323, 504 & 506 IPC and Section 3/4 of Dowry Prohibition Act, pending in the court of Civil Judge/ Judicial Magistrate, Jaspur, District Udham Singh Nagar, are hereby quashed qua the applicant. 10. C528 application stands disposed of in the aforesaid terms. (Alok Mahra, J.) 25.02.2025 BS