Uttarakhand High Court
C528/578/2026 on 2 April, 2026
2026:UHC:2369
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
C528/578/2026
Hon'ble Alok Mahra, J.
Mr. Abhishek Verma, learned counsel
for the applicant.
2. Mr. V.S. Pal, learned A.G.A. for the
State.
3. Ms. Aiswharya Thapliyal, learned
counsel for respondent no.2.
4. Present C-528 application has been
filed seeking quashing of the charge-sheet,
cognizance/summoning order dated
16.10.2023 passed by the learned Judicial
Magistrate, Kashipur, District Udham Singh
Nagar in Criminal Case No. 1630 of 2023,
under Sections 498-A, 323, 506 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 arises
out of matrimonial discord; that applicant
no.1 and respondent no.2 are husband and
wife. Due to certain matrimonial disputes
between them, respondent no.2 lodged a
complaint under Sections 323, 498-A and
506 I.P.C. and under Sections 3/4 of the
Dowry Prohibition Act against the applicant
as well as the mother of the applicant.
Pursuant thereto, after completion of
investigation, the Investigating Officer
submitted the charge-sheet against the
applicant and his mother, on which the
learned trial court took cognizance. He
would further submit that during the
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pendency of the criminal proceedings, the
mother of the applicant (mother-in-law of
respondent no.2) has expired and the death
certificate in this regard has been annexed
as Annexure No.4 to the C-528 application.
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.
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10. From the material brought on record,
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 16.10.2023 passed by the learned
Judicial Magistrate, Kashipur, District
Udham Singh Nagar in Criminal Case No.
1630 of 2023, under Sections 498-A, 323,
506 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.
MAMTA
RANI
(Alok Mahra J.)
Digitally signed by MAMTA RANI
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH
COURT OF UTTARAKHAND,
2.5.4.20=6a812005bebfcf46f244f3e584af1449e430ef90
0bf09a6d67ebbd642671329b, postalCode=263001,
st=Uttarakhand,
serialNumber=5de1751a4f1d9cabfd54852c9e68911ca8
b66dd26690a191648ab5d8dd004ef0, cn=MAMTA RANI
02.04.2026
Mamta Date: 2026.04.06 17:13:03 +05’30’
2026:UHC:2369
