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2025 DAILYLAW 2936 (UTT)

HARSH BANSAL v. STATE OF UTTARAKHAND

C528/186/2025 · 2025-02-25

Alok Mahra

body2025

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 25.02.2025 C528 No.186 of 2025 Hon’ble Alok Mahra, J. Mr. Vikramaditya Shah, learned counsel for the applicant. 2. Mr. Deepak Bisht, learned DAG for the State. 3. Mr. Manoj Bhatt, learned counsel for respondent no.3. 4. Present C528 application is filed with the prayer to quash the cognizance order dated 20.02.2023, charge-sheet dated 16.07.2022 and the entire proceedings of Criminal Case No.208 of 2023 (FIR No.0166/2021), under Section 498-A, IPC, pending in the court of Judicial Magistrate, Jaspur, District Udham Singh Nagar 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 IPC. 6. Parties are present before this Court today 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 has formally opposed the compounding application. 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 20.02.2023, charge-sheet dated 16.07.2022 and the entire proceedings of Criminal Case No.208 of 2023 (FIR No.0166/2021), under Section 498-A, IPC, pending in the court of Judicial Magistrate, Jaspur, District Udham Singh Nagar, are hereby quashed qua the applicant. 10. C528 application stands disposed of in the aforesaid terms. (Alok Mahra, J.) 25.02.2025 BS