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2026 DAILYLAW 6514 (UTT)

REHAN QURESHI AND ORS v. STATE OF UTTARAKHAND

C528/1097/2026 · 2026-06-03

Alok Mahra

body2026

Judgment text

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No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS C528 No. 1097 of 2026 Hon’ble Alok Mahra, J. Mr. Gaurav Kandpal and Mr. Varun Agarwal, learned counsel for the applicants. 2. Ms. Pushpa Bhatt, learned D.A.G. alongwith Mr. Prabhat Kandpal, learned A.G.A. for the State. 3. Mr. Tajhar Qayyum, learned counsel for respondent no. 2/complainant. 4. The present criminal misc. application is filed with a prayer to set-aside the chargesheet, summoning/cognizance order as well as the entire proceedings of Criminal Case No. 1652 of 2024, pending in the court of learned Chief Judicial Magistrate-I, Dehradun, on the basis of compromise between the parties. 5. In this case, an FIR was lodged by the complainant under Sections 147, 323, 354 and 504 of IPC. After investigation, chargesheet was also filed in the matter. 6. Now, parties have entered into an agreement and they have settled their grievances. They are present before this Court through video conferencing and are duly identified by their respective counsels. Respondent no. 2 submits that he does not want to proceed with the case against the applicants. Parties have also filed their respective affidavits stating the facts of compromise between them. 7. Compounding application is also filed in the matter wherein it is prayed to compound the offence between the parties. 8. Learned counsel for the applicants submits that the parties have amicably settled their dispute and have entered into a compromise. 9. Learned State Counsel raised a preliminary objection to the effect that the offences sought to be compounded are non-compoundable. 10. 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. 11. 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. 12. Following the aforesaid ratio, present compounding application is allowed. The offences between the parties are permitted to be compounded. As a result, the entire proceedings of Criminal Case No. 1652 of 2024, pending in the court of learned Chief Judicial Magistrate-I, Dehradun, are hereby quashed qua the applicants. FIR and charge-sheet filed pursuant thereto stand quashed. 13. C-528 application stands disposed of in the aforesaid terms. (Alok Mahra J.) 03.06.2026 Ujjwal