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2025 DAILYLAW 1312 (UTT)

Smt. Saroj Tiwari v. STATE OF UTTARAKHAND

C482/973/2015 · 2025-07-11

Alok Mahra

body2025

Judgment text

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No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS C-482 No. 973 of 2015 Hon’ble Alok Mahra, J. Mr. Kaushal Sah Jagati, learned counsel for the applicants. 2. Mr. Akshay Latwal, learned A.G.A. for the State. 3. Mr. M.K. Ray, learned counsel for the respondent no. 2. 4. On 26.03.2025, the matter was settled before the Daily Lok Adalat and the parties filed the compromise application. But, as the matter pertains to non- compoundable offences, award could not be passed by Daily Lok Adalat and thus, the matter was placed before the Hon’ble Court for final adjudication alongwith the compromise application. 5. The present C-482 application is filed with the prayer to set-aside/quash the entire proceedings of Criminal Case No. 5027 of 2014, State Vs. Ashutosh Tiwari and Others, under Sections 498-A, 323 of IPC and Section 3/4 of Dowry Prohibition Act, 1961 pending in the court of learned Chief Judicial Magistrate, Udham Singh Nagar, on the basis of compromise between the parties. 6. Compounding application dated 26.03.2025 is also filed in the matter wherein it is prayed to compound the offence between the parties under Sections 498-A, 323 of IPC and Section 3/4 of Dowry Prohibition Act. 7. Applicant no. 1 Smt. Saroj Tiwari and applicant no. 2 Mr. Hanuman Tiwari are virtually present before this Court and are duly identified by their respective counsel. 8. Respondent no. 2 Smt. Sarika is also physically present in the Court today, who has been identified by her respective counsel. She has stated that she does not want to prosecute the applicants as all the differences have been settled amicably between them. 9. Parties have also filed their respective affidavits stating the facts of compromise between them. It is jointly submitted by the parties that they have settled their scores. 10. Learned State Counsel raised a preliminary objection to the effect that the offences sought to be compounded are non-compoundable. 11. 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. 12. Following the aforesaid ratio, present compounding application is allowed. The offences between the parties are permitted to be compounded. As a result, the entire proceedings of Criminal Case No. 5027 of 2014, State Vs. Ashutosh Tiwari and Others, under Sections 498-A, 323 of IPC and Section 3/4 of Dowry Prohibition Act, 1961 pending in the court of learned Chief Judicial Magistrate, Udham Singh Nagar, are hereby quashed qua the applicants. FIR and charge-sheet filed pursuant thereto stand quashed. 13. C-428 application stands disposed of in the aforesaid terms. (Alok Mahra J.) 11.07.2025 Ujjwal