2025:UHC:272 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE MR. PANKAJ PUROHIT, J. CRIMINAL MISCELLANEOUS APPLICATION No.1015 of 2024 Nitin Kapoor & others …Applicants Versus State of Uttarakhand & another …Respondents Counsel for the applicants Counsel for State of Uttarakhand/1 Counsel for respondent no.2 : Mr. Ashish Aggarwal, learned counsel. Mr. B.C. Joshi, learned AGA. Mr. Shankar Aggarwal, learned counsel. JUDGMENT : (per Mr. Pankaj Purohit, J.) By means of the present C528 Application, the applicants have put to challenge the charge-sheet dated 18.06.2021, as well as the summoning order dated 09.01.2023, and the entire proceedings of Criminal Case No.233 of 2023, “State Vs. Nitin Kapoor and others”, pending before the learned Additional Chief Judicial Magistrate-II, arising out of Case Crime No.42 of 2021, under Sections 323, 498-A, 504 and 506 of IPC and Sections ¾ of the Dowry Prohibition Act, registered with Police Station Cantt, District Dehradun, and with a further prayer to quash the entire proceedings of aforesaid case on the basis of settlement arrived at between the parties. 1 2025:UHC:272 2. Applicants are present in person before this Court, and respondent no.2- Mrs. Ridhi Thapa, is present before this Court through VC, who have been duly identified by their respective counsels. 3. It is jointly submitted by the parties that they have settled their scores outside the Court and now they have decided to live separately; for this purpose, a petition u/s 13-B of the Hindu Marriage Act, 1955 is also filed before the Principal Judge, Family Court, Dehradun wherein the date of second motion is fixed for 13.01.2025. 4. Learned State Counsel raised a preliminary objection to the effect that the offences sought to be compounded are non-compoundable. 5. However, the 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. 6. Heard the learned counsels for the parties, and having gone through the pleadings, especially the 2 2025:UHC:272 compounding application, this Court is of the view that compounding application deserves to be allowed, and the prosecution be brought to an end qua the applicants, and there is no fruitful purpose will be solved to ask the applicants to face the trial before the learned trial court in the event of the compounding having been made between the parties, and it would amount to futile exercise, which would result into acquittal of the applicants. 7. Accordingly, the compounding application is hereby allowed. Consequently, all the proceedings of Criminal Case No.233 of 2023, “State Vs. Nitin Kapoor and others”, pending before the learned Additional Chief Judicial Magistrate-II, arising out of Case Crime No.42 of 2021, registered with Police Station Cantt, District Dehradun, are hereby quashed. FIR and Chargesheet of the Criminal Case No.233 of 2023, shall also stand quashed. 8. In view of the above, the C528 Application, stands disposed of accordingly. ___________________ PANKAJ PUROHIT, J. Dt:08th January, 2025 NR/ 3