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2025 DAILYLAW 16634 (UTT)

SANTOSH NARANG v. STATE OF UTTARAKHAND

C528/1958/2025 · 2025-11-06

Alok Mahra

body2025

Judgment text

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2025:UHC:9760 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS C528 No.1958 of 2025 Hon ’ble Alok Mah r a, J. Mrs. Manju Bahuguna, Advocate for the applicant. Mr. Amit Bhatt, Government Advocate and Mr. K.S. Rawal, A.G.A. for the State of Uttarakhand. Mr. Anuj Singh Kunjwal, Advocate for respondent no.2. 2. Present C-528 application is filed with the prayer to set-aside/ quash the charge- sheet dated 12.04.2023 as well as cognizance/ summoning order dated 03.02.2024 and the entire proceedings of Criminal Case No. 338 of 2024, pending in the Court of learned Additional Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar on the basis of compromise between the parties. 3. Compounding application (I.A. No.1 of 2025) is also filed in the matter wherein it is prayed to compound the offence between the parties under Sections 323, 504, 506 & 498-A IPC and Section 3/ 4 of Dowry Prohibition Act. 4. Applicant and respondent no.2 are present before this Court, who are duly identified by their respective counsel. Parties have also filed their respective affidavits stating the facts of compromise between them. 5. It is jointly submitted by the parties that they have settled their scores. 2025:UHC:9760 6. Learned State Counsel raised a preliminary objection to the effect that the offences sought to be compounded are non-compoundable. 7. 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. 8. Following the aforesaid ratio, present compounding application (IA/ 1/ 2025) is allowed. The offences between the parties are permitted to be compounded. As a result, entire proceedings of Criminal Case No. 338 of 2024, pending in the Court of learned Additional Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar, are hereby quashed. 9. C-528 application stands disposed of. ( Alok Mah r a, J.) 06.11.2025 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20d ddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB9 87446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2025.11.06 16:04:20 +05'30' 2025:UHC:9760