Extracted from the PDF above. The PDF is authoritative.
No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
C-528 No. 1953 of 2025 Hon ’ble Alok Mah r a, J.
Mr. Tejas Agarwal, learned counsel for the applicants. 2. Ms. Shweta Badola Dobhal, learned Brief Holder for the State. 3. Mr. Mahavir Kohli, learned counsel for the respondent no. 2. 4. The present C-528 application is filed with the prayer to set-aside/ quash the entire proceedings of Criminal Case No. 99 of 2025, State Vs. Rupesh Aswal and Others, under Sections 498-A of IPC and Section 3/ 4 of Dowry Prohibition Act, 1961 pending in the court of learned Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal, on the basis of compromise between the parties. 5. Compounding application dated 29.10.2025 is also filed in the matter wherein it is prayed to compound the offence between the parties under Sections 498-A of IPC and Section 3/ 4 of Dowry Prohibition Act. 6. All the applicants are virtually present before this Court and are duly identified by their respective counsel. 7. Respondent no. 2 Smt. Preeti is also virtually present before this 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. 8. 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. 9. Learned State Counsel raised a preliminary objection to the effect that the offences sought to be compounded are non-compoundable. 10. 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. 11. 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. 99 of 2025, State Vs. Rupesh Aswal and Others, under Sections 498-A of IPC and Section 3/ 4 of Dowry Prohibition Act, 1961 pending in the court of learned Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal, are hereby quashed qua the applicants. FIR and charge-sheet filed pursuant thereto stand quashed. 12.
C-528 application stands disposed of in the aforesaid terms. ( Alok Mah r a J.)
07.11.2025 Ujjwal