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2025 DAILYLAW 3211 (UTT)

AKSHAY SHARMA v. STATE OF UTTARAKHAND

C528/223/2025 · 2025-03-03

Alok Mahra

body2025

Judgment text

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No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS C528 No.223 of 2025 Hon’ble Alok Mahra, J. Mr. Rishab Ranghar, Advocate for the applicants. Mr. Akshay Latwal, Brief Holder for the State of Uttarakhand. Mr. Lochan Sah, Advocate for respondent no.3. 2. Present C-528 application is filed with the prayer to set-aside/quash the charge-sheet dated 19.08.2022 as well as cognizance/summoning order dated 06.06.2023 and the entire proceedings of Criminal Case No. 283 of 2023, pending in the Court of learned Judicial Magistrate, Doiwala, District Dehradun 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 504, 498-A IPC and Section 3/4 of Dowry Prohibition Act. 4. Applicant no.1 and respondent no.3 are present before this Court. Applicant nos.2 & 3 appeared before this Court virtually, who 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/1/2025) is allowed. The offences between the parties are permitted to be compounded. As a result, entire proceedings of Criminal Case No. 283 of 2023, pending in the Court of learned Judicial Magistrate, Doiwala, District Dehradun Criminal Case No. 756 of 2024, are hereby quashed, qua the applicants only. 9. C-528 application stands disposed of. (Alok Mahra, J.) 03.03.2025 Arpan