HIGH COURT OF UTTARAKHAND
HUSAIN AHMED – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
C482 1997 / 2022
Office Notes, reports, orders or proceedings or No Date COURT’S OR JUDGES’S ORDERS directions and Registrar’s order with Signatures C-482 No. 1997 of 2022 With C-482 No. 2008 of 2022 Hon’ble Alok Mahra, J.
Ms. Leybanoor, learned counsel, holding brief of Ms. Sadaf, learned counsel for the applicants.
2. Ms. Pushpa Bhatt, learned D.A.G. alongwith Mr. S.C. Dumka, learned A.G.A. for the State.
3. Mr. Pankaj Kumar Sharma, learned counsel for the complainant. (through V.C.)
4. Present C-528 application is filed with the prayer to set-aside/quash the charge- sheet dated 08.01.2022, cognizance order dated 26.09.2022 as well as the entire proceedings of Criminal Case No. 11465 of 2022, State Vs. Gulzar and Others, under Sections 323, 504 and 498-A of IPC and Section 3/4 of Dowry Prohibition Act, pending in the court of learned Chief Judicial Magistrate, Haridwar, on the basis of compromise between the parties.
5. Compounding application (IA/2/2026) is also filed in the matter wherein it is prayed to compound the offence between the parties under Sections 323, 504 and 498-A of IPC and Section 3/4 of Dowry Prohibition Act.
6. Learned counsels for the parties submit that the parties have amicably settled their dispute and have entered into a compromise. They do not want to proceed with the case now.
7. Parties are 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. The complainant-Nazreen, who is present before this Court, has submitted that the matter has been amicably settled and a suit for mutual divorce has been filed in which first motion has been completed. She further submits that she does not want to press the present criminal case against the applicants.
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. Following the aforesaid ratio, present compounding application (IA/2/2026) is allowed. The offences between the parties are permitted to be compounded. As a result, entire proceedings of Criminal Case No. 11465 of 2022, State Vs. Gulzar and Others, under Sections 323, 504 and 498-A of IPC and Section 3/4 of Dowry Prohibition Act, pending in the court of learned Chief Judicial Magistrate, Haridwar, are hereby quashed qua the applicants. FIR and charge-sheet filed pursuant thereto also stand quashed.
12. C-528 application stands disposed of in the aforesaid terms.
(Alok Mahra J.)
12.02.2026 Ujjwal
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.