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2025 DAILYLAW 12244 (UTT)

ANIL SINGH RAWAT v. STATE OF UTTARAKHAND

C528/646/2024 · 2025-03-04

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 04.03.2025 C528 No.646 of 2024 Hon’ble Alok Mahra, J. Mr. B.S. Adhikari, learned counsel for the applicant. 2. Mr. Akshay Latwal, learned B.H. for the State. 3. Ms. Indu Sharma, learned counsel for respondent no.2. 4. Present C528 application is filed with the prayer to quash the cognizance order dated 06.01.2023, charge-sheet dated 10.12.2022 and the entire proceedings of Criminal Case No.07 of 2023, under Sections 498-A, 323, 506 IPC and Section 3/4 of Dowry Prohibition Act, pending in the court of Judicial Magistrate, Bhikiyasain, District Almora 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, 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 and they are living together as husband and wife. 7. Learned counsel for the applicant would submit that the applicant has already paid Rs.3 lakhs by way of Demand Draft No.088915 dated 18.09.2024 to respondent no.2 and her daughter; that the remaining amount of Rs.3 lakhs, DD. No.088916 dated 20.09.2024, which is being handed over to respondent no.2 before the Court today; that, the photograph of the same is taken on record. 8. Learned State Counsel raised a preliminary objection to the effect that the offences sought to be compounded are non-compoundable. 9. 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. 10. 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 cognizance order dated 06.01.2023, charge-sheet dated 10.12.2022 and the entire proceedings of Criminal Case No.07 of 2023, under Sections 498-A, 323, 506 IPC and Section 3/4 of Dowry Prohibition Act, pending in the court of Judicial Magistrate, Bhikiyasain, District Almora, are hereby quashed qua the applicant. 11. C528 application stands disposed of in the aforesaid terms. (Alok Mahra, J.) 04.03.2025 BS