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
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C-528 No. 503 of 2024 Hon’ble Alok Mahra, J.
Mr. Mayank Pandey, Advocate for hte applicants.
Mr. Vikas Uniyal, Brief Holder for the State of Uttarakhand.
Mr. Manav Sharma, Advocate for respondent no.2.
2. Present C-528 application is filed with the prayer to set-aside/quash the charge- sheet dated 21.02.2023 as well as cognizance/summoning order dated 25.07.2024 and the entire proceedings of Criminal Case No. 756 of 2024, pending in the Court of learned Judicial Magistrate, Jaspur, District Udham Singh Nagar on the basis of compromise between the parties.
3. Compounding application (IA/1/2025) is also filed in the matter wherein it is prayed to compound the offence between the parties under Sections 498-A, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act.
4. Parties are present before this Court and are duly identified by their respective counsel. Parties have also filed their respective affidavits stating the facts of compromise between them.
5. It is jointly submitted by the parties that they have settled their scores.
6. Learned State Counsel raised a preliminary objection to the effect that the offences sought to be compounded are non- compoundable.
7. 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.
8. 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, entire proceedings of Criminal Case No. 756 of 2024, pending in the Court of learned Judicial Magistrate, Jaspur, District Udham Singh Nagar, are hereby quashed.
9. C-528 application stands disposed of.
(Alok Mahra J.)
28.02.2025 Arpan