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2026 DAILYLAW 4934 (UTT)

SANDEEP MIYAN v. STATE OF UTTARAKHAND

C528/354/2026 · 2026-03-11

Alok Mahra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS C-528 No. 354 of 2026 Hon ’ble Alok Mah r a, J. Mr. Nivesh Bahuguna, learned counsel for the applicant. 2. Mr. S.C. Dumka, learned A.G.A. for the State. 3. Mr. Jawant Singh, learned counsel for respondent no. 2. 4. Present C-528 application is filed with the prayer to set-aside/ quash the charge- sheet, cognizance/ summoning order as well as the entire proceedings of Criminal Case No. 3962 of 2022, State Vs. Sandeep Miyan, under Sections 323, 498-A and 504 of IPC and Section 3 and 4 of Dowry Prohibition Act pending in the court of learned 6th Additional Civil Judge (Sr. Div.)/ ACJM, District Dehradun, on the basis of compromise between the parties. 5. Compounding application (IA/ 1/ 2026) is also filed in the matter wherein it is prayed to compound the offence between the parties under Sections 323, 498-A and 504 of IPC and Section 3 and 4 of Dowry Prohibition Act. 6. Learned counsel for the applicants submits that the parties have amicably settled their dispute and have entered into a compromise. 7. Parties are virtually present before this Court and are duly identified by their respective counsels. Parties have also filed their respective affidavits stating the facts of compromise between them. 8. Learned State Counsel raised a preliminary objection to 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. Furthermore, 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 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. 11. Following the aforesaid ratio, present compounding application (IA/ 1/ 2026) is allowed. The offences between the parties are permitted to be compounded. As a result, the entire proceedings of Criminal Case No. 3962 of 2022, State Vs. Sandeep Miyan, under Sections 323, 498-A and 504 of IPC and Section 3 and 4 of Dowry Prohibition Act pending in the court of learned 6th Additional Civil Judge (Sr. Div.)/ ACJM, District Dehradun, are hereby quashed qua the applicant. FI R and charge-sheet filed pursuant thereto stand quashed. 12. C-528 application stands disposed of in the aforesaid terms. ( Alok Mah r a J.) 11.03.2026 Ujjwal