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2026 DAILYLAW 2699 (UTT)

ASHWANI RATHOUR AND OTHERS v. STATE OF UTTARAKHAND

C528/424/2026 · 2026-03-18

Alok Mahra

body2026

Judgment text

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2026:UHC:1847 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.424 of 2026 Hon’ble Alok Mahra, J. Mr. Shariq Khurshid, Advocate for the applicants. Mr. V.S. Pal, A.G.A. for the State of Uttarakhand. Mr. Pratul Kumar, Advocate, holding brief of Mr. Prince Chauhan, Advocate for respondent no.2. 2. Present C-528 application is filed with the prayer to set-aside/quash the charge sheet dated 10.12.2023, cognizance/summoning order dated 16.05.2025 and the entire proceedings of Criminal Case No.3362 of 2025, pending in the Court of learned First Additional Chief Judicial Magistrate, District Dehradun on the basis of compromise between the parties. 3. Compounding application (I.A. No.1 of 2026) is also filed in the matter wherein it is prayed to compound the offence between the parties. 4. Parties are 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. Learned State Counsel vehemently opposed the compounding application. 6. Hon’ble Supreme Court, in a catena of its judgments, has observed that in cases where because of the compromise arrived at between the parties, possibility 2026:UHC:1847 of conviction is remote and bleak, the High Court may quash the criminal proceedings as continuation of the same would cause great prejudice and injustice to the accused. 7. In the present case, the applicant no.1 and respondent no.2 are presently residing together as husband and wife. The parties are cohabiting peacefully and leading a stable matrimonial life. In these circumstances, in case, the proceedings are allowed to continue, it would amount to denial of complete justice to the parties. Therefore, it is a case, in which the inherent jurisdiction of this Court should be exercised to do real and substantial justice. 8. Following the aforesaid ratio, present compounding application is allowed. The offences between the parties are permitted to be compounded. As a result, entire proceedings of Criminal Case No.3362 of 2025, pending in the Court of learned First Additional Chief Judicial Magistrate, District Dehradun are hereby quashed. 9. C-528 application stands disposed of. (Alok Mahra, J.) 18.03.2026 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c048536544 5e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C 5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.03.18 16:46:01 +05'30'