R.C.KHULBE
Masoom Jahan – Appellant
Versus
State Of Uttarakhand – Respondent
JUDGMENT
R.C. Khulbe, J. - By way of present application, moved under Section 482 of Cr.P.C., applicants seek to quash the order dated 19.02.2019 passed by the Magistrate, Jaspur, District Udham Singh Nagar and quash the proceedings of Criminal Case No.68 of 2019, State Vs. Naim Ahmad and others, under Sections 498-A, 323, 504, 506 IPC and section of Dowry prohibition Act, pending in the Court of learned Judicial Magistrate, Jaspur, District-Udham Singh Nagar.
2. The parties have filed the above-numbered compounding application to show that they have buried their differences and have settled their disputes amicably.
3. Learned counsel for the State formally opposed the compounding application.
4. It is contended by learned counsel for the applicants that the offences punishable under Sections 323, 504,506 IPC are compoundable offences whereas Sections 498-A IPC and Sections 3/4 of the D.P. Act are non-compoundable ones.
5. The Apex Court has dealt with the consequence of a compromise in regard to noncompoundable offences in the case of B.S.Joshi and others vs. State of Haryana and another, (2003) 4 SCC 675 and has held as below
"If for the purpose of securing the ends of justice, quashi
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.