Extracted from the PDF above. The PDF is authoritative.
SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
C482 No.1414 of 2022 Hon’ble Pankaj Purohit, J.
Mr. Pramod Kumar, learned counsel for the applicants.
2. Mr. B.C. Joshi, learned AGA along with Ms. Sweta Badola Dobhal, learned Brief Holder for the State.
3. Ms. Radha Arya, learned counsel for the respondent no.2-informant.
4. Present C482 application is filed with the prayer to quash the summoning order dated 13.04.2021 and the entire proceedings of Criminal Case No.2721 of 2021 (Crime No.25/2021), under Sections 498-A, 323, 504 IPC and Section 3/4 of Dowry Prohibition Act, pending in the court of Additional Chief Judicial Magistrate, Dehradun on the basis of compromise between the parties.
5. Compounding application (IA/2/2024) 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 no.1-Nandan Singh (father-in-law), applicant no.2-Vindu Devi (mother-in-law) and respondent no.2-Sarita (wife) are present before the Court duly identified by their respective counsel.
7. It is jointly submitted by the parties that son of the applicants (husband) and respondent no.2 (wife) have settled their scores and now they have decided to live separately; for this purpose, a petition u/s 13-B of the Hindu Marriage Act, 1955 is also filed before the family court jointly by the husband and respondent no.2-wife wherein the date of second motion is fixed for 28.02.2025.
8. Learned State Counsel raised a preliminary objection to
2 the effect that the offences sought to be compounded are non-compoundable.
9. 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.
10. Following the aforesaid ratio, present compounding application (IA/2/2024) is allowed. The offences between the parties are permitted to be compounded. As a result, entire proceedings of Criminal Case No.2721 of 2021, State vs. Rampal & others, under Sections 498-A, 323, 504 IPC and Section 3/4 of Dowry Prohibition Act, pending in the court of Additional Chief Judicial Magistrate, Dehradun, are hereby quashed qua the applicants. FIR and charge-sheet filed pursuant thereto stand quashed.
11. C482 application stands disposed of in the aforesaid terms.
(Pankaj Purohit, J.)
14.02.2025 AK