Extracted from the PDF above. The PDF is authoritative.
2025:UHC:28 S L. N o. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
C528/1023/2024 Hon’ble Pankaj Purohit, J.
Mr. Abhishek Verma, learned counsel for the applicant. 2. Ms. Sweta Badola Dobhal, learned B.H. for the State. 3. Ms. Aishwarya Thapliyal, learned counsel for respondent no.2. 4. Present C528 application is filed with the prayer to quash the summoning order dated 08.02.2024 passed by Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar in Crl. Case No.588 of 2024 (Case Crime No.633 of 2022) State v. Brajesh Pandey, under Sections 498-A & 323 IPC and Section 3/4 of the Dowry Prohibition Act, 1961 and with a further prayer to quash the entire proceedings of aforesaid case on the basis of settlement arrived at 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 for the offence Sections 498-A & 323 IPC and Section 3/4 of the Dowry Prohibition Act, 1961 pending before the said Court. 6. Applicant-Brajesh Pandey (husband) and respondent no.2-Kirti Kumari (wife) are present before the Court duly identified by their respective counsel. 7. 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 Family Court wherein the date of second motion is fixed for 01.03.2025. 2025:UHC:28
8. Learned State Counsel raised a preliminary objection to the effect that the offences sought to be compounded are non-compoundable. 9. 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. 10. 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 the Criminal Case No.588 of 2024 (Case Crime No.633 of 2022) State v. Brajesh Pandey, under Sections 498-A & 323 IPC and Section 3/4 of the Dowry Prohibition Act, 1961, pending before the Court of learned Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar, are hereby quashed. 11. C528 application stands disposed of in the aforesaid terms.
(Pankaj Purohit, J.)
03.01.2025 AK
2025:UHC:28
2025:UHC:28