C528/512/2026 on 25 March, 2026

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    Uttarakhand High Court

    C528/512/2026 on 25 March, 2026

                                                                      2026:UHC:2163
                  Office Notes,
                 reports, orders
                 or proceedings
    SL.
          Date    or directions                COURT'S OR JUDGE'S ORDERS
    No.
                 and Registrar's
                   order with
                   Signatures
                                   C-528 No.512 of 2026
    
                                   Hon'ble Alok Mahra, J.
    

    Mr. M.K. Ray, learned counsel for the
    applicant.

    2. Mr. Deepak Bisht, learned Deputy A.G.
    along with Mr. Deepak Bhardwaj, learned
    Brief Holder for the State.

    SPONSORED

    3. Mr. Tijil Gangwar, proxy counsel for
    Mr. Harsh Taneja, learned counsel for
    respondent no.2.

    4. Present C-528 application has been
    filed seeking quashing of the charge-sheet as
    well as the cognizance/summoning order
    dated 19.12.2024 passed by the learned
    Judicial Magistrate 1st, Rudrapur, District
    Udham Singh Nagar in Sessions Trial No. 94
    of 2025, for the offences punishable under
    Section 80(2) of the B.N.S. and Sections 3/4
    of the Dowry Prohibition Act, arising out of
    F.I.R. No. 239 of 2024, presently pending in
    the court of learned 2nd Additional Sessions
    Judge, Rudrapur, District Udham Singh
    Nagar in terms of the compromise arrived at
    between the parties.

    5. Learned counsel for the applicant
    would submit that the F.I.R. was lodged by
    respondent no.2, alleging therein that the
    marriage of the applicant with the daughter
    of respondent no.2 (since deceased) was
    solemnized according to Hindu rites and
    ceremonies. It is alleged in the F.I.R. that
    after the marriage, the deceased was
    subjected to harassment and cruelty by the
    applicant and his family members on
    2026:UHC:2163
    account of non-fulfilment of demand of
    dowry.

    6. It is further alleged that on 19.09.2024,
    the complainant received information
    through a phone call that his daughter had
    died and that her death had allegedly been
    caused due to consumption of poison. On
    the basis of the said allegations, the present
    F.I.R. was lodged and after completion of
    investigation, the Investigating Officer
    submitted a charge-sheet against the
    applicant, upon which the learned trial court
    took cognizance and the matter was
    committed to the Court of Sessions for trial.

    7. Learned counsel for the applicant
    would further submit that after committal of
    the case, the charges have already been
    framed and the trial has commenced. The
    father and the brother of the deceased have
    been examined before the trial court as PW-1
    and PW-2, and in their statements they have
    not supported the prosecution case and have
    denied the allegations made in the F.I.R.

    8. It is further submitted that the parties
    have now amicably settled their dispute and
    do not wish to pursue the criminal
    proceedings any further. In this regard, a
    joint compounding application (I.A. No.1 of
    2026) duly supported by the affidavits of the
    applicant as well as respondent no.2 has
    been filed before this Court stating that the
    dispute has been resolved amicably and that
    the complainant does not intend to
    prosecute the applicant any further.

    9. Learned counsel would also submit
    that the applicant is presently in judicial
    custody in connection with the present case
    and in view of the compromise arrived at
    between the parties, the continuation of the
    2026:UHC:2163
    criminal proceedings would serve no useful
    purpose.

    10. The respondent no.2 is present in
    person before the Court and has been duly
    identified by his learned counsel. Upon
    interaction with the Court, respondent no.2
    has categorically stated that the matter has
    been amicably settled between the parties
    and that he does not wish to pursue the
    criminal proceedings against the applicant
    any further. He has further stated that he
    has no objection if the criminal proceedings
    against the applicant are quashed.

    11. Learned State Counsel opposes the
    application on the ground that the
    allegations pertain to serious offences which
    are non-compoundable in nature. However,
    he does not dispute the factum of
    compromise between the parties nor the
    filing of the joint compounding application
    supported by their affidavits.

    12. Heard learned counsel for the parties
    and perused the material available on
    record.

    13. From the material placed before this
    Court, it transpires that the dispute between
    the parties arose out of a matrimonial
    discord. It is also evident that the material
    witnesses, namely the father and brother of
    the deceased, who are the informant and
    close relatives of the deceased, have already
    been examined before the trial court and
    they have not supported the prosecution
    version.

    13. In their statements before the trial
    court, the said witnesses have not attributed
    any specific role to the applicant in
    connection with the alleged harassment or
    2026:UHC:2163
    cruelty for dowry, nor have they supported
    the prosecution case regarding the
    circumstances leading to the death of the
    deceased.

    14. It is true that the offences alleged in the
    present case are non-compoundable in
    nature. However, it is well settled that the
    High Court, in exercise of its inherent
    powers under Section 482 Cr.P.C., may
    quash criminal proceedings even in respect
    of non-compoundable offences where the
    Court is satisfied that the dispute is
    essentially of a private or personal nature
    and that continuation of criminal
    proceedings would amount to abuse of the
    process of the Court.

    15. The Hon’ble Supreme Court in Gian
    Singh vs. State of Punjab
    , (2012) 10 SCC
    303 has held that the High Court may quash
    criminal proceedings in exercise of its
    inherent jurisdiction where the dispute
    between the parties is overwhelmingly
    personal or matrimonial in nature and the
    parties have resolved their dispute amicably,
    provided that such exercise of power would
    secure the ends of justice.
    Similarly, in
    Narinder Singh vs. State of Punjab, (2014) 6
    SCC 466, the Hon’ble Supreme Court has
    laid down the principles governing the
    exercise of jurisdiction under Section 482
    Cr.P.C. on the basis of compromise and held
    that the Court must consider whether the
    continuation of criminal proceedings would
    be futile and would not serve the ends of
    justice.

    16. Further, in Parbatbhai Aahir vs. State
    of Gujarat
    , (2017) 9 SCC 641, the Hon’ble
    Supreme Court reiterated that the inherent
    power of the High Court under Section 482
    2026:UHC:2163
    Cr.P.C. is of wide amplitude and may be
    exercised to quash criminal proceedings in
    order to prevent abuse of the process of the
    Court or to secure the ends of justice, having
    regard to the nature of the offence and the
    facts and circumstances of the case.

    17. In the present case, this Court finds
    that the informant himself has appeared
    before the Court and has unequivocally
    stated that he has settled the dispute with
    the applicant and does not wish to pursue
    the criminal proceedings. Moreover, the
    principal prosecution witnesses have already
    been examined before the trial court and
    have not supported the prosecution case,
    thereby substantially weakening the
    substratum of the prosecution case.

    18. In such circumstances, the possibility
    of the prosecution securing a conviction
    against the applicant appears to be remote
    and bleak, and therefore continuation of the
    criminal proceedings would serve no useful
    purpose and would amount to abuse of the
    process of the Court.

    19. Considering the totality of the facts and
    circumstances of the case, the nature of the
    dispute between the parties, the statements
    of the material witnesses recorded before the
    trial court, and the compromise arrived at
    between the parties, this Court is of the
    considered view that it is a fit case for
    exercising inherent powers under Section
    482
    Cr.P.C. to secure the ends of justice.

    20. Accordingly, the compounding
    application (I.A. No.1 of 2026) is allowed.

    21. Consequently, the charge-sheet as well
    as the cognizance/summoning order dated
    19.12.2024 passed by the learned Judicial
    2026:UHC:2163
    Magistrate 1st,
    Rudrapur, District Udham
    Singh Nagar in Sessions Trial No. 94 of 2025
    for the offences punishable under Section
    80(2) of BNS and Sections 3/4 of the Dowry
    Prohibition Act, arising out of F.I.R. No.239
    of 2024, pending in the court of learned 2nd
    Additional Sessions Judge, Rudrapur,
    District Udham Singh Nagar, along with the
    entire criminal proceedings arising
    therefrom, are hereby quashed qua the
    applicant.

    22. The applicant is stated to be in judicial
    custody in connection with the present case.
    He shall be released forthwith as per law, if
    not required in any other case.

    23. The present C-528 application is,
    accordingly, allowed.

    24. Pending applications, if any, shall
    stand disposed of.

    (Alok Mahra J.)
    25.03.2026
    Mamta

    MAMTA
    RANI
    Digitally signed by MAMTA RANI
    DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
    ou=HIGH COURT OF UTTARAKHAND,
    2.5.4.20=6a812005bebfcf46f244f3e584af1449e43
    0ef900bf09a6d67ebbd642671329b,
    postalCode=263001, st=Uttarakhand,
    serialNumber=5de1751a4f1d9cabfd54852c9e689
    11ca8b66dd26690a191648ab5d8dd004ef0,
    cn=MAMTA RANI
    Date: 2026.03.31 10:34:04 +05’30’

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