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2026 DAILYLAW 2129 (UTT)

GULSHAN VERMA v. STATE OF UTTARAKHAND

C528/578/2026 · 2026-04-02

Alok Mahra

body2026

Judgment text

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2026:UHC:2369 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528/578/2026 Hon’ble Alok Mahra, J. Mr. Abhishek Verma, learned counsel for the applicant. 2. Mr. V.S. Pal, learned A.G.A. for the State. 3. Ms. Aiswharya Thapliyal, learned counsel for respondent no.2. 4. Present C-528 application has been filed seeking quashing of the charge-sheet, cognizance/summoning order dated 16.10.2023 passed by the learned Judicial Magistrate, Kashipur, District Udham Singh Nagar in Criminal Case No. 1630 of 2023, under Sections 498-A, 323, 506 I.P.C. and under Section 3/4 of the Dowry Prohibition Act as well as the entire criminal proceedings arising therefrom. 5. Learned counsel for the applicant would submit that the present case arises out of matrimonial discord; that applicant no.1 and respondent no.2 are husband and wife. Due to certain matrimonial disputes between them, respondent no.2 lodged a complaint under Sections 323, 498-A and 506 I.P.C. and under Sections 3/4 of the Dowry Prohibition Act against the applicant as well as the mother of the applicant. Pursuant thereto, after completion of investigation, the Investigating Officer submitted the charge-sheet against the applicant and his mother, on which the learned trial court took cognizance. He would further submit that during the 2026:UHC:2369 pendency of the criminal proceedings, the mother of the applicant (mother-in-law of respondent no.2) has expired and the death certificate in this regard has been annexed as Annexure No.4 to the C-528 application. 6. Learned counsel for the applicant would submit that applicants and the complainant/respondent no. 2 have now amicably resolved their dispute and do not wish to pursue the criminal proceedings any further. In support thereof, a joint compounding application (IA No. 1 of 2026), along with affidavits of the applicants and the complainant/respondent no.2, has been filed stating that the complainant do not wish to prosecute the applicants. 7. The applicants and respondent no. 2/complainant are present in person and have been duly identified by their respective counsel. Upon interaction with the Court, both the applicant and respondent no. 2 have stated that they are now living together happily and are discharging their matrimonial obligations peacefully. They further submit that the dispute between them has been amicably settled, and respondent no. 2 does not wish to prosecute the applicant any further. 8. Learned State Counsel opposes the application, on the ground that the allegations include an offence under Section 498-A I.P.C., which is non-compoundable in nature. However, does not dispute the factum of compromise between the parties or the filing of the joint compounding application. 9. Heard learned counsel for the parties and perused the record. 2026:UHC:2369 10. From the material brought on record, it transpires that the dispute between the applicant and respondent no. 2 has arisen out of matrimonial discord. The parties, who are husband and wife, are present before this Court and have been duly identified by their respective counsel. Upon interaction, both have unequivocally stated that they have amicably resolved their differences and are now residing together peacefully. A joint compounding application (IA No. 1 of 2026), supported by their respective affidavits, has also been filed wherein respondent no. 2 has categorically stated that she does not wish to pursue the criminal proceedings against the applicant. 11. Although the offence under Section 498-A I.P.C. is non-compoundable, it is well settled that in matrimonial disputes, where the parties have settled their differences amicably and are living together peacefully, the High Court, in exercise of its inherent jurisdiction under Section 482 Cr.P.C., may quash the criminal proceedings to secure the ends of justice and to prevent abuse of the process of the Court. The Hon’ble Supreme Court in 11. Gian Singh vs. State of Punjab (2012) 10 SCC 303 and Narinder Singh vs. State of Punjab (2014) 6 SCC 466 has held that criminal proceedings arising out of matrimonial disputes can be quashed on the basis of compromise, even if the offences are non-compoundable, provided the Court is satisfied that the compromise is genuine and the continuation of proceedings would be an exercise in futility. 12. In the present case, this Court is satisfied that the compromise between the parties is voluntary, genuine and without 2026:UHC:2369 any coercion. The complainant herself does not wish to prosecute the applicant any further. The parties are living together happily and continuation of the criminal proceedings would only disturb their restored matrimonial harmony. 13. In the present case, this Court is satisfied that the compromise between the parties is voluntary, genuine and without any coercion. The complainant herself does not wish to prosecute the applicant any further. The parties are living together happily and continuation of the criminal proceedings would only disturb their restored matrimonial harmony. 14. In view of the aforesaid facts and circumstances, as well as the law laid down by the Hon’ble Apex Court, this Court finds that it is a fit case to exercise inherent powers to secure the ends of justice. 15. Accordingly, the compounding application (IA No. 1 of 2026) is allowed. The charge-sheet, cognizance/summoning order dated 16.10.2023 passed by the learned Judicial Magistrate, Kashipur, District Udham Singh Nagar in Criminal Case No. 1630 of 2023, under Sections 498-A, 323, 506 I.P.C. and under Section 3/4 of the Dowry Prohibition Act as well as the entire criminal proceedings arising therefrom, are hereby quashed the applicant. 16. The present C-528 application stands allowed accordingly. 17. Pending applications, if any, shall stand disposed of accordingly. (Alok Mahra J.) 02.04.2026 Mamta MAMTA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f244f3e584af1449e430ef90 0bf09a6d67ebbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d9cabfd54852c9e68911ca8 b66dd26690a191648ab5d8dd004ef0, cn=MAMTA RANI Date: 2026.04.06 17:13:03 +05'30' 2026:UHC:2369