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2025 DAILYLAW 1778 (UTT)

VISHAL THAPA AND ORS v. STATE OF UTTARAKHAND

C528/79/2025 · 2025-02-12

Pankaj Purohit

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS C528 No.79 of 2025 Hon’ble Pankaj Purohit, J. Mr. Pankaj Kumar Sharma, learned counsel for the applicants. 2. Mr. B.C. Joshi, learned AGA along with Ms. Sweta Badola Dobhal, learned Brief Holder for the State. 3. Mr. Aakib Ahmed, learned counsel for the respondent no.2-informant. 4. Present C528 application is filed with the prayer to quash the summoning order dated 16.04.2021 and the entire proceedings of Criminal Case No.2625 of 2021 (Case Crime No.109/2019) State vs. Vishal Thapa & others, under Sections 498-A, 323, 504 IPC and Section 3/4 of Dowry Prohibition Act, pending in the court of ACJ-5th/Judicial Magistrate, Dehradun on the basis of compromise between the parties. 5. Compounding application (IA/1/2025) is also filed in the matter wherein it is prayed to compound the offence between the parties under Sections 498-A, 323, 504 IPC and Section 3/4 of Dowry Prohibition Act. 6. Applicant no.1-Vishal Thapa (husband), applicant no.2- Satya Bahadur Thapa (father-in-law), applicant no.3-Genda Devi (mother-in-law) and applicant no.4-Sachin (brother-in- law) and respondent no.2-Ruchi Thapa (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 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-husband and respondent no.2- 2 wife wherein the date of second motion is fixed for 22.05.2025. 8. Learned State Counsel raised a preliminary objection to the effect that the offences sought to be compounded are non-compoundable. 9. However, the 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. 10. 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.2625 of 2021 (Case Crime No.109/2019) State vs. Vishal Thapa & others, under Sections 498-A, 323, 504 IPC and Section 3/4 of the Dowry Prohibition Act, pending in the court of ACJ-5th/Judicial Magistrate, Dehradun, 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.) 12.02.2025 AK