Uttarakhand High Court
Parvez And Others –Applicants vs State Of Uttarakhand And Another on 12 March, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Misc. Application U/s 482 No.2074 of 2023
Parvez and Others --Applicants
Versus
State Of Uttarakhand and Another --Respondents
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Presence:-
Mr. Matloob Rawat, learned counsel holding brief
of Mr. Gaurav Singh, learned counsel for the
applicants, through V.C.
Mr. Bhaskar Chandra Joshi, learned A.G.A. with
Mr. Vipul Painuli, learned Brief Holder for the State
of Uttarakhand/respondent No.1.
Mr. Pankaj Kumar Sharma, learned counsel for
respondent No.2.
Hon'ble Pankaj Purohit, J. (Oral)
Heard learned counsel for the parties.
2. By means of the present C482 application,
the applicants have put to challenge the
summoning/cognizance order dated 18.06.2022
passed by the learned Additional Chief Judicial
Magistrate, Roorkee, District Haridwar in Criminal
Case No.2282 of 2019 and Misc. Case No.509 of 2021
State Vs. Pravez and Others, for the offences
punishable under Sections 323, 498-A IPC and under
Section 3/4 of the Dowry Prohibition Act against the
applicant No.1 and under Section 498-A IPC and
under Section 3/4 of the Dowry Prohibition Act against
the applicant Nos.2 & 3, arising out of FIR No.37 of
2019 dated 25.01.2019 registered with police station
Kotwali Roorkee, District Haridwar as well as the entire
proceedings of the above criminal case, in view of the
compromise entered into between the parties.
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3. Along with the present C482 application, a
joint compounding application (IA/2/2025) is filed duly
supported by separate affidavits by applicants and
respondent No.2
4. In the compounding application, it has been
stated that the parties have amicably resolved all their
disputes through a mutual settlement and there are no
pending issues between them, therefore, the
respondent No.2-complainant doesn’t want to pursue
with the case anymore.
5. Applicants-Parvez, Taherrunisha, Abdul and
respondent No.2-Nasreen are present through V.C.,
who are duly identified by their respective counsels.
On interaction, respondent No.2 categorically stated
that the divorce petition has already been filed, which
is pending and the matter is now amicably settled by
them, therefore, she wants to end the matter.
6. Learned State Counsel raised a preliminary
objection to the effect that the offences sought to be
compounded are non-compoundable.
7. In view of the principle of law laid down by
Hon’ble Apex Court in the case of Gian Singh Vs.
State of Punjab reported in 2012 (10) SCC 303 as
well as in Transfer petition (Criminal) No.115 of
2012 (Dimpey Gujral Vs. Union Territory of
Chandigarh) decided on 06.12.2012, criminal
proceedings can be quashed by the Court, if the Court
is satisfied that matter has been settled between the
parties amicably and parties are interested to restore
peace and harmony between them.
8. Having considered the submission made by
the learned counsel for the parties and on perusal of
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the compounding application as well as the documents
available on record, this Court is of the view that if the
parties do not wish to pursue with the criminal
proceedings anymore and they have settled their
dispute amicably, it would not be useful for referring
the applicant to Court to face the trial and it would
amount to a futile exercise. In view of the compromise
arrived at between the parties, nothing remains to be
decided in the present matter.
9. Accordingly, compounding application
(IA/2/2025) is allowed. The entire proceedings of
Criminal Case No.2282 of 2019 and Misc. Case No.
509 of 2021 State Vs. Pravez and Others, pending in
the Court of learned Additional Chief Judicial
Magistrate, Roorkee, District Haridwar for the offences
punishable under Sections 323, 498-A IPC and under
Section 3/4 of the Dowry Prohibition Act against the
applicant No.1 and under Section 498-A IPC and
under Section 3/4 of the Dowry Prohibition Act against
the applicant Nos.2 & 3, is hereby quashed.
Resultantly, FIR No.37 of 2019 dated 25.01.2019
registered with police station Kotwali Roorkee, District
Haridwar stands quashed.
10. Accordingly, the present C482 application is
disposed of in terms of the compromise.
(Pankaj Purohit, J.)
12.03.2025
PN
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