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2025 DAILYLAW 13909 (UTT)

SHUBHAM CHAUHAN v. STATE OF UTTARAKHAND

C528/1081/2024 · 2025-01-03

Pankaj Purohit

body2025

Judgment text

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2025:UHC:29 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 C528/1081/2024 Hon’ble Pankaj Purohit, J. Mr. Mohit Kumar Kashyap, learned counsel for the applicants. 2. Mr. B.C. Joshi, learned AGA along with Ms. Sweta Badola Dobhal and Mr. Vipul Painuly learned Brief Holders for the State. 3. Ms. Shobha Mehra, learned counsel for respondent no.2. 4. Present C528 application is filed with the prayer to quash the summoning order dated 06.09.2024 passed by learned Judicial Magistrate, Jaspur, District Udham Singh Nagar in Crl. Case No.794 of 2024 (FIR No.175 of 2023) State v. Shubham Chauhan & another, under Sections 498-A, 323 & 506 IPC and with a further prayer to quash the entire proceedings of aforesaid case 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. 6. Applicant no.1-Shubham Chauhan (husband), applicant no.2-Priti (sister-in-law) and respondent no.2-Lalita Rani (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 jointly by the applicant no.1-husabnd and respondent no.2-wife wherein the date of second motion is fixed for 2025:UHC:29 25.03.2025. 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 in Crl. Case No.794 of 2024 (FIR No.175 of 2023) State v. Shubham Chauhan & another, under Sections 498-A, 323 & 506 IPC, pending the learned Judicial Magistrate, Jaspur, District Udham Singh Nagar, are hereby quashed. FIR and charge-sheet filed pursuant thereto stand quashed. 11. C528 application stands disposed of in the aforesaid terms. (Pankaj Purohit, J.) 03.01.2025 AK 2025:UHC:29