2025:UHC:277 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE MR. PANKAJ PUROHIT, J. CRIMINAL MISCELLANEOUS APPLICATION No.05 of 2025 Mohd. Aswad & others …Applicants Versus State of Uttarakhand & another …Respondents Counsel for the applicants Counsel for State of Uttarakhand/1 Counsel for respondent no.2 : Ms. Seema Dhingra Bakshi, learned counsel. Mr. B.C. Joshi, learned AGA with Mrs. Sweta Badola Dobhal, learned Brief Holder. Mrs. Sangeeta Adhikari Patni, learned counsel. JUDGMENT : (per Mr. Pankaj Purohit, J.) By means of the present C528 Application, the applicants have put to challenge the cognizance/summoning order dated 23.11.2024, passed by learned Additional Chief Judicial Magistrate, Roorkee, District Haridwar in Criminal Case No.3432 of 2022, “State Vs. Mohd. Aswad and others”, arising out of Case Crime No.377 of 2022, under Sections 120-B, 420, 467, 468, 471, 498-A and 506 of IPC, registered with Police Station Kotwali Roorkee, District Haridwar, and the entire proceedings of the aforesaid criminal case. Further prayer to quash the entire proceedings of aforesaid case on the basis of settlement arrived at between the parties. 1 2025:UHC:277 2. Applicants and respondent no.2- Mrs. Zainab Ara, are present before this Court, who have been duly identified by their respective counsels. 3. A joint compounding application (IA No.01/2025) has been moved by the parties, in which it has been stated that they have reached into the amicable settlement, and developed their cordial relationship and now the parties have no grievance against each other as such intervention of some respectable persons of society all the disputes between the parties have been buried. On interaction, the applicants and the respondent no.2, admitted the above fact. 4. Learned State Counsel raised a preliminary objection to the effect that the offences sought to be compounded are non-compoundable. 5. However, the 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. 6. Heard the learned counsels for the parties, and having gone through the pleadings, especially the 2 2025:UHC:277 compounding application, this Court is of the view that compounding application deserves to be allowed, and the prosecution be brought to an end qua the applicants, and there is no fruitful purpose will be solved to ask the applicants to face the trial before the learned trial court in the event of the compounding having been made between the parties, and it would amount to futile exercise, which would result into acquittal of the applicants. 7. Accordingly, the compounding application is hereby allowed. Consequently, all the proceedings of Criminal Case No.3432 of 2022, “State Vs. Mohd. Aswad and others”, pending before the learned Additional Chief Judicial Magistrate, Roorkee, District Haridwar, arising out of Case Crime No.377 of 2022, registered with Police Station Kotwali Roorkee, District Haridwar, are hereby quashed. FIR and Chargesheet of the Criminal Case No.3432 of 2022, shall also stand quashed. 8. In view of the above, the C528 Application, stands disposed of accordingly. ___________________ PANKAJ PUROHIT, J. Dt:08th January, 2025 NR/ 3