VIPIN DUA v. STATE OF UTTARAKHAND THROUGH THE SECRETARY OF HOME AFFAIRS GOVERNMENT OF U.K. DEHRADUN
C482/187/2022 · 2025-01-08
Pankaj Purohit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2099 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2099 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:273 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
C482/187/2022 Hon’ble Pankaj Purohit, J.
Mr. Gaurav Singh, learned counsel for the applicants.
2. Ms. Sweta Badola Dobhal, learned B.H. for the State.
3. Mr. S.K. Shandilya,
learned counsel for respondent no.2.
4. Present C528 application is filed with the prayer to quash the summoning/cognizance
order dated 31.08.2021 passed by Chief Judicial Magistrate, Haridwar in Crl. Case No.10019 of 2021 State v. Vipin Dua & others, under Sections 323, 354, 504, 506 & 498- A 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/7/2024) 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 Sections 323, 354, 504, 506 & 498-A IPC and Section 3/4 of the Dowry Prohibition Act, 1961 pending before the said Court. 6. Applicant no.1-Vipin Dua (husband), applicant no.3-Punit Dua (brother-in-law) are present before this Court physically and applicant no.2-Smt. Rashmi Dua (mother-in-law), applicant no.4-Smt. Annu Dua (sister- in-law) and applicant no.5-Isha Dua (sister-in-law) appeared through V.C and respondent no.2-Smt. Pratibha Chauhan (wife) are also 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 both husband and wife have decided to live separately; for this purpose, a Case No.190 of 2024, Smt. Pratibha vs.
2025:UHC:273 Vipin Dua, 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 15.01.2025. It is further stated that Rs.6,00,000/- has been agreed to be paid by the applicant no.1 (husband) to the respondent no.2 (wife) as permanent alimony. 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 is allowed. The offences between the parties are permitted to be compounded. As a result, entire proceedings of the Crl. Case No.10019 of 2021 State v. Vipin Dua & others, under Sections 323, 354, 504, 506 & 498-A IPC and Section 3/4 of the Dowry Prohibition Act, 1961, pending before the Court of learned Chief Judicial Magistrate, Haridwar, are hereby quashed.
Resultantly, FIR No.0115 of 2021, pursuant to which Charge Sheet dated 03.07.2021 was filed and the said charge-sheet shall stand quashed. 11. C528 application stands disposed of in the aforesaid terms, provided permanent alimony agreed between the applicant no.1 (husband) and respondent no.2 (wife) in Case No.190 of 2024 filed under Section 13-B of the Hindu Marriage Act, 1955 is paid to the respondent no.2 (wife) at the time of second motion. (Pankaj Purohit, J.)
08.01.2025 AK