[Cites 7, Cited by 0]
Uttarakhand High Court
C528/278/2026 on 18 March, 2026
2026:UHC:1864
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
C528/278/2026
Hon'ble Alok Mahra, J.
Mr. Shariq Khurshid, learned counsel
for the applicant.
2. Ms. Pushpa Bhatt, learned Deputy A.G.
along with Mr. S.C. Dumka, learned A.G.A.
for the State.
3. Mr. Prince Chauhan, learned counsel
for respondent no.2.
4. Present C-528 application has been
filed seeking quashing of the charge-sheet,
cognizance/summoning order dated
23.05.2023 passed by the learned Judicial
Magistrate, Kashipur, District Udham Singh
Nagar in Criminal Case No. 287 of 2023,
under Sections 498-A, 323, 504 I.P.C. and
under Section 3/4 of the Dowry Prohibition
Act as well as the entire criminal
proceedings arising therefrom.
5. Learned counsel for the applicant
would submit that the present case arising
out of matrimonial discord; that, the
applicant no.1 and respondent no.2 are
husband and wife respectively; that, the
applicant nos.2 and 3 and applicant no.4 are
the brother-in-law and mother-in-law of
respondent no.2 respectively; that, due to
some matrimonial discord, respondent no.2
lodged a complaint under Section 323, 498-
A and 504 I.P.C. and under Section 3/4 of
the Dowry Prohibition Act on 13.09.2022
against the applicants, on which, the
Investigating Officer after completion of
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investigation has submitted charge sheet
against the applicant, on which, learned trial
court took cognizance.
6. Learned counsel for the applicant
would submit that applicants and the
complainant/respondent no. 2 have now
amicably resolved their dispute and do not
wish to pursue the criminal proceedings any
further. In support thereof, a joint
compounding application (IA No. 1 of 2026),
along with affidavits of the applicants and
the complainant/respondent no.2, has been
filed stating that the complainant do not
wish to prosecute the applicants.
7. The applicants and respondent no.
2/complainant are present in person and
have been duly identified by their respective
counsel. Upon interaction with the Court,
both the applicant and respondent no. 2
have stated that they are now living together
happily and are discharging their
matrimonial obligations peacefully. They
further submit that the dispute between
them has been amicably settled, and
respondent no. 2 does not wish to prosecute
the applicant any further.
8. Learned State Counsel opposes the
application, on the ground that the
allegations include an offence under Section
498-A I.P.C., which is non-compoundable in
nature. However, does not dispute the
factum of compromise between the parties or
the filing of the joint compounding
application.
9. Heard learned counsel for the parties
and perused the record.
10. From the material brought on record,
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it transpires that the dispute between the
applicant and respondent no. 2 has arisen
out of matrimonial discord. The parties, who
are husband and wife, are present before
this Court and have been duly identified by
their respective counsel. Upon interaction,
both have unequivocally stated that they
have amicably resolved their differences and
are now residing together peacefully. A joint
compounding application (IA No. 1 of 2026),
supported by their respective affidavits, has
also been filed wherein respondent no. 2 has
categorically stated that she does not wish to
pursue the criminal proceedings against the
applicant.
11. Although the offence under Section
498-A I.P.C. is non-compoundable, it is well
settled that in matrimonial disputes, where
the parties have settled their differences
amicably and are living together peacefully,
the High Court, in exercise of its inherent
jurisdiction under Section 482 Cr.P.C., may
quash the criminal proceedings to secure the
ends of justice and to prevent abuse of the
process of the Court. The Hon'ble Supreme
Court in 11. Gian Singh vs. State of Punjab
(2012) 10 SCC 303 and Narinder Singh vs.
State of Punjab (2014) 6 SCC 466 has held
that criminal proceedings arising out of
matrimonial disputes can be quashed on the
basis of compromise, even if the offences are
non-compoundable, provided the Court is
satisfied that the compromise is genuine and
the continuation of proceedings would be an
exercise in futility.
12. In the present case, this Court is
satisfied that the compromise between the
parties is voluntary, genuine and without
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any coercion. The complainant herself does
not wish to prosecute the applicant any
further. The parties are living together
happily and continuation of the criminal
proceedings would only disturb their
restored matrimonial harmony.
13. In the present case, this Court is
satisfied that the compromise between the
parties is voluntary, genuine and without
any coercion. The complainant herself does
not wish to prosecute the applicant any
further. The parties are living together
happily and continuation of the criminal
proceedings would only disturb their
restored matrimonial harmony.
14. In view of the aforesaid facts and
circumstances, as well as the law laid down
by the Hon'ble Apex Court, this Court finds
that it is a fit case to exercise inherent
powers to secure the ends of justice.
15. Accordingly, the compounding
application (IA No. 1 of 2026) is allowed. The
charge-sheet, cognizance/summoning order
dated 23.05.2023 passed by the learned
Judicial Magistrate, Kashipur, District
Udham Singh Nagar in Criminal Case No.
287 of 2023, under Sections 498-A, 323, 504
I.P.C. and under Section 3/4 of the Dowry
Prohibition Act, as well as the entire criminal
proceedings arising therefrom, are hereby
quashed the applicant.
16. The present C-528 application stands
allowed accordingly.
17. Pending applications, if any, shall
stand disposed of accordingly.
MAM
(Alok Mahra J.)
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Date: 2026.03.20 10:59:49
+05'30'
2026:UHC:1864
