Uttarakhand High Court
Unknown vs Shubham on 26 February, 2026
Office Notes,
reports, orders or
proceedings or
No Date COURT'S OR JUDGES'S ORDERS
directions and
Registrar's order
with Signatures
C-528 No. 276 of 2026
Hon'ble Alok Mahra, J.
Mr. Bhuwan Bhatt, learned counsel for the
applicant.
2. Mr. Prabhat Kandpal, learned Brief Holder
for the State.
3. Mr. S.K. Shandilya, learned counsel for
respondent no. 2.
4. Present C-528 application is filed with the
prayer to set-aside/quash the chargesheet
dated 06.04.2019, cognizance/summoning
order dated 13.08.2019 as well as the entire
proceedings of Criminal Case No. 5417 of 2019
(Old No. 11776 of 2019), State Vs. Shubham
Vashisth & Others, under Sections 323, 504,
506 and 498-A of IPC and 3/4 of Dowry
Probhition Act, pending in the court of learned
Chief Judicial Magistrate, Haridwar, District
Haridwar, on the basis of compromise between
the parties.
5. Compounding application is also filed in
the matter wherein it is prayed to compound
the offence between the parties under Sections
323, 504, 506 and 498-A of IPC and 3/4 of
Dowry Probhition Act.
6. Learned counsel for the applicant submits
that the parties have amicably settled their
dispute and have entered into a compromise.
7. Parties are virtually 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. It is submitted by the parties
that son of applicant and respondent no. 2 have
entered into a compromise and have decided to
live separately pursuant to which they have
moved an application for mutual divorce on
09.09.2025 under Section 27 of Uniform Civil
Code bearing Case No. 623 of 2025.
8. Learned State Counsel raised a
preliminary objection to the effect that the
offences sought to be compounded are non-
compoundable.
9. 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.
10. Furthermore, Hon’ble Supreme Court, in a
catena of its judgments, has observed that in
cases where because of the compromise arrived
at between the parties, possibility of conviction
is remote and bleak, the High Court may quash
the criminal proceedings as continuation of the
same would cause great prejudice and injustice
to the accused.
11. Following the aforesaid ratio, present
compounding application (IA/1/2026) is
allowed. The offences between the parties are
permitted to be compounded. As a result, the
entire proceedings of Criminal Case No. 11776
of 2019, State Vs. Shubham Vashisth, under
Sections 323, 504, 506 and 498-A of IPC and
3/4 of Dowry Probhition Act, pending in the
court of learned Chief Judicial Magistrate,
Haridwar, District Haridwar, are hereby
quashed qua the applicant. FIR and charge-
sheet filed pursuant thereto stand quashed.
12. The present criminal misc. application
stands disposed of in the aforesaid terms.
(Alok Mahra J.)
26.02.2026
Ujjwal