MURSHAD ALIAS MURSAD ALI AND ORS v. STATE OF UTTARAKHAND
C528/129/2025 · 2025-02-19
Alok Mahra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2597 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2597 (UTT) · dailylaw.ai ]
Judgment text
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. 129 of 2025 Hon’ble Alok Mahra, J.
Heard Mr. Shariq Khurshid, learned counsel for the applicants, Mr. Deepak Bisht, learned Deputy Advocate General for the State and Mr. Prince Chauhan, learned counsel for respondent no. 2.
2. Present C-528 application is filed with the prayer to quash the summoning/cognizance order dated 05.09.2024 and the entire proceedings of Criminal Case No. 787 of 2024, State Vs. Murshad and Others, under Sections 498-A, 323, 147 and 504 IPC and Section 3/4 of Dowry Prohibition Act, pending in the court of Civil Judge/Judicial Magistrate, Jaspur, District Udham Singh Nagar on the basis of compromise between the parties.
3. 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, 147 and 504 IPC and Section 3/4 of Dowry Prohibition Act.
4. Parties are present before this Court and 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.
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/1/2024) is allowed. The offences between the parties are permitted to be compounded. As a result, entire proceedings of Criminal Case No. 787 of 2024, State Vs. Murshad and Others, under Sections 498-A, 323, 147 and 504 IPC and Section 3/4 of Dowry Prohibition Act, pending in the court of Civil Judge/Judicial Magistrate, Jaspur, District Udham Singh Nagar, are hereby quashed qua the applicant. FIR and charge-sheet filed pursuant thereto stand quashed.
9. C-528 application stands disposed of in the aforesaid terms.
(Alok Mahra J.)
19.02.2025 Ujjwal