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2026 DAILYLAW 5456 (UTT)

ANKIT ARORA v. STATE OF UTTARAKHAND

C528/967/2026 · 2026-05-15

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. 967 of 2026 Hon ’ble Alok Mah r a, J. Mr. Sagar Kothari, learned counsel for the applicant. 2. Ms. Pushpa Bhatt, learned Additional Advocate General alongwith Mr. S.C. Dumka, learned A.G.A. for the State. 3. Mr. Hitesh Chandra Sanwal, learned counsel for respondent no. 2. 4. The present criminal misc. application is filed with the prayer to quash/ set-aside the chargesheet, cognizance/ summoning order as well as the entire proceeding of Criminal Case No. 8186 of 2022, State Vs. Ankit Arora, under Sections 323, 498-A and 504 of IPC and Section 3/ 4 of Dowry Prohibition Act, 1961, pending in the court of learned Judicial Magistrate IV, Dehradun, District Dehradun, on the basis of compromise between the parties. 5. Respondent no. 2 has filed an FIR under Sections 323, 498-A and 504 of IPC and Section 3/ 4 of Dowry Prohibition Act, 1961 against the applicant as well as his entire family. After investigation, chargesheet was filed only against the applicant under Sections 323, 498-A and 504 of IPC and Section 3/ 4 of Dowry Prohibition Act, 1961. During pendency of the case, applicant and respondent no. 2 have mutually agreed to live separately and have filed a petition under Section 13(b) of Hindu Marriage Act in which first motion has already been filed and second motion is fixed for 22.05.2026. Permanent alimony of Rs.26 Lakhs is to be paid by the applicant to respondent no. 2, out of which, Rs.13 Lakhs have already been paid on filing the first motion and the remaining amount would be paid at the time of second motion. 6. Now, Compounding Application is filed in the matter wherein it is prayed to compound the offences between the parties. 7. Learned counsel for the applicant submits that the parties have amicably settled their dispute and have entered into a compromise. 8. 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. 9. The Court interacted with the parties. Upon interaction, it is submitted that now parties have mutually agreed to live separately and have filed a petition under Section 13(b) of Hindu Marriage Act in which first motion has already been filed and second motion is fixed for 22.05.2026. Respondent no. 2 would submit that now she has amicably settled her dispute with the applicant and she does not want to pursue with the criminal proceedings against the applicant. 10. At this stage, learned State Counsel raised a preliminary objection to the effect that the offences sought to be compounded are non- compoundable. 11. 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. 12. 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. 13. Following the aforesaid ratio, the present compounding application is allowed. The offences between the parties are permitted to be compounded. As a result, the entire proceeding of Criminal Case No. 8186 of 2022, State Vs. Ankit Arora, under Sections 323, 498-A and 504 of IPC and Section 3/ 4 of Dowry Prohibition Act, 1961, pending in the court of learned Judicial Magistrate IV, Dehradun, District Dehradun, are hereby quashed qua the applicant. FIR and charge-sheet filed pursuant thereto stand quashed. 14. Accordingly, the present criminal misc. application stands disposed of in the aforesaid terms. ( Alok Mah r a J.) 15.05.2026 Ujjwal