Uttarakhand High Court
C528/329/2026 on 27 February, 2026
2026:UHC:1448
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C528/329/2026
Hon'ble Alok Mahra, J.
Mr. B.M. Pingal, learned counsel for the applicants.
2. Mr. Pradeep Lohani, learned Brief Holder for the State.
3. Mr. M.S. Bisht, learned counsel for private respondent no.2.
4. Present C-528 application has been filed seeking quashing of the impugned cognizance/summoning order dated 04.01.2023 passed by the learned Additional Chief Judicial Magistrate, Khatima, District Udham Singh Nagar in Criminal Case No. 950 of 2023, arising out of offences under Sections 323, 504 & 506 I.P.C. and Section 3/4 of the Dowry Prohibition Act, along with the entire proceedings of the said criminal case.
5. Learned counsel for the applicants would submit that the dispute in question emanates from matrimonial discord between applicant no.1 (husband) and respondent no.3 (wife). Applicant nos.2, 3 and 4 are the father-in-law and mother-in-law and sister- in-law of respondent no.3 respectively. It is contended that due to certain matrimonial differences, respondent no.2 lodged an F.I.R. under Sections 323, 504 and 506 I.P.C. and Section 3/4 of the Dowry Prohibition Act; that, Investigating Officer after completion of investigation has submitted chargesheet against the applicants, upon which, learned 2026:UHC:1448 trial court has taken cognizance.
6. It is further submitted that with the intervention of respectable persons and family members, the parties have amicably resolved all their disputes. They have decided to dissolve their marriage by mutual consent and have filed the first motion petition under Section 27 of the Uniform Civil Code, Uttarakhand. As per the settlement, applicant no.1 has agreed to pay a total sum of ₹18,75,000/- to respondent no.2 towards full and final settlement. Out of the aforesaid settled amount, a sum of ₹8,00,000/- has already been paid to respondent no.2 at the time of first motion, and the remaining amount shall be paid at the time of filing of evidence.
7. The applicants and respondent no.2 are present in person before the Court and have been duly identified by their respective counsel. On being interacted with, respondent no.2 has categorically stated that the compromise has been entered into voluntarily, without any coercion or undue influence; that she has received ₹8,00,000/-; and that she has no objection if the criminal proceedings in question are quashed.
8. This Court has considered the submissions of learned counsel for the parties and perused the material available on record. The offences alleged are under Sections 323, 504 & 506 I.P.C. and Section 3/4 of the Dowry Prohibition Act. Though certain offences are non-compoundable under Section 320 Cr.P.C., the dispute admittedly arises out of a matrimonial relationship and is personal in nature, 2026:UHC:1448 without any element of public interest or societal impact.
9. The legal position with regard to quashing of criminal proceedings on the basis of compromise is no longer res integra. In Gian Singh v. State of Punjab, the Hon'ble Supreme Court authoritatively held that the High Court, in exercise of its inherent powers under Section 482 Cr.P.C., can quash criminal proceedings even in respect of non- compoundable offences, where the dispute is essentially private and personal in nature and the parties have amicably settled the matter, provided that the offences do not have serious impact on society.
10. In Narinder Singh v. State of Punjab, the Hon'ble Supreme Court laid down broad guidelines for quashing on the basis of compromise and observed that criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of matrimonial or family disputes, should be quashed when the parties have resolved their entire dispute, so as to secure the ends of justice.
11. Further, in State of Madhya Pradesh v. Laxmi Narayan, the Hon'ble Supreme Court reiterated that criminal proceedings arising out of matrimonial disputes and family matters, which have been amicably settled, can be quashed in exercise of inherent jurisdiction, unless the offences are heinous and of serious mental depravity. More recently, in Parbatbhai Aahir v. State of Gujarat, the Hon'ble Supreme Court summarized the principles governing exercise of power under Section 482 Cr.P.C., holding 2026:UHC:1448 that the High Court must evaluate whether continuation of proceedings would amount to abuse of the process of law and whether quashing would secure the ends of justice.
12. In the present case, the allegations stem purely from matrimonial discord between the husband and wife. The parties have amicably settled their dispute; the first motion for mutual divorce has been filed; substantial part of the settled amount has already been paid; and respondent no.3 has unequivocally stated that she has no objection to quashing of the proceedings. There is no allegation of any heinous offence, nor is there any element affecting society at large. Continuation of criminal proceedings, in such circumstances, would serve no fruitful purpose.
13. In view of the settlement arrived at between the parties and in light of the law laid down by the Hon'ble Supreme Court in the aforesaid judgments, the compounding application is allowed. Consequently, the present C-528 application stands allowed. The impugned cognizance/summoning order order dated 04.01.2023 passed by the learned Additional Chief Judicial Magistrate, Khatima, District Udham Singh Nagar in Criminal Case No. 950 of 2023 as well as the entire criminal proceedings are hereby quashed the applicants.
14. Pending applications, if any, shall stand disposed of accordingly.
MAMT Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f244f3e584af14 (Alok Mahra, J.) 49e430ef900bf09a6d67ebbd642671329b, A RANI postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d9cabfd54852c 9e68911ca8b66dd26690a191648ab5d8dd0 04ef0, cn=MAMTA RANI Date: 2026.02.27 19:43:47 +05'30' 27.02.2026 Mamta