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2026 DAILYLAW 5530 (UTT)

PANKAJ SHARMA v. STATE OF UTTARAKHAND

C528/946/2026 · 2026-05-11

Ashish Naithani

body2026

Judgment text

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SL. No . Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at ur es COURT’S OR JUDGE’S ORDERS 2026:UHC:3578 C-5 2 8 No. 9 4 6 of 2 0 2 6 Pan k aj Sh ar m a ….. App lican t Ver su s Sat e of Ut t ar ak h an d an d An ot h er ….Resp on den t s Hon ’ble Ash ish Nait h an i, J. Mr. Shubham Pandey, learned counsel for the Applicant. 2. Mr. N.S. Kaniyal, learned A.G.A. for the State of Uttarakhand. 3. Ms. Geetanjali Dhami, learned counsel for Respondent No. 2. 4. The present Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the Applicant seeking quashing of the charge-sheet dated 14.03.2021, the cognizance order dated 31.05.2025 passed by the learned Court below, District Nainital, as well as the entire proceedings of Criminal Case No. 3138 of 2021, “State vs. Pankaj Sharma”, relating to offences punishable under Sections 3/ 4 of the Dowry Prohibition Act and Sections 323, 504 and 498-A of the IPC, registered at Police Station Kathgodam, District Nainital, presently pending before the Court of learned Additional Chief Judicial Magistrate, Haldwani, District Nainital. 5. Along with the present application, a Joint Compounding Application (I.A. No. 01 of 2026, Paper No. 41) has also been filed, bearing the signatures of the parties and duly endorsed by learned counsel for the Applicant, Mr. Shubham Pandey, Advocate, and learned counsel for Respondent No. 2, Ms. Geetanjali Dhami, Advocate. The said application is supported by affidavits of the respective parties, wherein it has been averred that the dispute, being matrimonial in nature, has been amicably settled between them. 6. Today, Applicant No. 1–Pankaj Sharma is present in person before this Court and has been duly identified by their learned counsel, Mr. Shubham Pandey, Advocate. Respondent No. 2 is also present in person and has been duly identified by her learned counsel, Ms. Geetanjali Dhami, Advocate. 7. This Court has interacted with the Applicant as well as Respondent No. 2. During the course of such interaction, the parties have categorically stated that they have amicably resolved their disputes and do not wish to pursue the matter any further. They have further stated that they have no objection in case the Compounding Application is allowed and the proceedings are quashed. 8. Per contra, learned State Counsel has opposed the Compounding Application on the ground that some of the offences involved in the present matter are non- compoundable in nature. 9. Having heard learned counsel for the parties and upon perusal of the material available on record, this Court is of the considered opinion that the dispute between the parties is predominantly matrimonial and personal in nature, which now stands amicably settled between them. In such circumstances, continuation of the criminal proceedings would serve no fruitful purpose and would amount to abuse of the process of law. 10. Accordingly, the Compounding Application deserves to be allowed and the entire proceedings of Criminal Case No. 3138 of 2021, “State vs. Pankaj Sharma”, relating to offences punishable under Sections 3/ 4 of the Dowry Prohibition Act and Sections 323, 504 and 498-A of the IPC, registered at Police Station Kathgodam, District Nainital, pending before the Court of learned Additional Chief Judicial Magistrate, Haldwani, District Nainital, are liable to be quashed qua the present Applicant. 11. Consequently, the Compounding Application (I .A. No. 01 of 2026) is allowed. The entire proceedings of the aforesaid criminal case are hereby quashed qua the present Applicant only. 12. Accordingly, the present Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, stands disposed of. ( Ash ish Nait h an i, J.) 1 1 .0 5 .2 0 2 6 Shiksha