Extracted from the PDF above. The PDF is authoritative.
2025:UHC:1591 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
C528 No.283 of 2025 Hon’ble Alok Mahra, J.
Mr. Suryakant Maithani and Mr. Sagar Gaur, Advocates for the applicant.
Mr. Akshay Latwal, Brief Holder and Mr. Devender Singh, A.G.A. for the State of Uttarakhand/respondent no.1..
Mr. Naitik Bhatt, Advocate, holding brief of Mr. Piyush Garg, Advocate for respondent no.2.
2. Present C-528 application is filed with the prayer to set-aside/quash the charge- sheet dated 26.08.2021 as well as cognizance order dated 10.10.2023 and the entire proceedings of Criminal Case No. 6279 of 2023, pending in the Court of learned Chief Judicial Magistrate, Dehradun, 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 323, 504, 506, 498-A IPC and Section 3/4 of Dowry Prohibition Act.
4. Applicant no.1 and respondent no.2 are virtually present before this Court, 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.
2025:UHC:1591
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. 6279 of 2023, pending in the Court of learned Chief Judicial Magistrate, Dehradun, District Dehradun, are hereby quashed.
9. C-528 application stands disposed of.
(Alok Mahra, J.)
07.03.2025 Arpan