PREM PRAKASH ARYA ALIAS PREM PRAKASH v. STATE OF UTTARAKHAND
C528/140/2025 · 2025-02-19
Alok Mahra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2661 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2661 (UTT) · dailylaw.ai ]
Judgment text
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SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
19.02.2025
C528 No.140 of 2025 Hon’ble Alok Mahra, J.
Mr. Shailabh Pandey, learned counsel for the applicant.
2. Mr. Devendra Singh, learned AGA along with and Mr. Akshay Latwal, learned B.H. for the State.
3. Mr. Devesh Pande, learned counsel for respondent no.2.
4. Present C528 application is filed with the prayer to quash the cognizance order dated 14.05.2024, charge-sheet dated 25.01.2024 and the entire proceedings of Criminal Case No.1658 of 2024 (FIR No.146/2023), under Sections 498-A, 323, 504 IPC and Section 3/4 of Dowry Prohibition Act, pending in the court of Additional Chief Judicial Magistrate, Haldwani, District Nainital 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 Prem Prakash Arya (through V.C.) and respondent no.2-Deepshikha are present before this Court and duly identified by their respective counsel. Parties have also filed their respective affidavits stating the above fact of compromise between them.
7. Learned State Counsel raised a preliminary objection to the effect that the offences sought to be compounded are non-compoundable.
8. 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.
9. 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, the cognizance order dated 14.05.2024, charge-sheet dated 25.01.2024 and the entire proceedings of Criminal Case No.1658 of 2024 (FIR No.146/2023), under Sections 498-A, 323, 504 IPC and Section 3/4 of Dowry Prohibition Act, pending in the court of Additional Chief Judicial Magistrate, Haldwani, District Nainital, are hereby quashed qua the applicant.
10. C528 application stands disposed of in the aforesaid terms.
(Alok Mahra, J.) 19.02.2025 BS