Uttarakhand High Court
Unknown vs State Of Uttarakhand And Another on 6 August, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
2025:UHC:6883
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Misc Application U/s 528 No. 805 of 2025
06th August, 2025
Soumya Deb Mondal and ors. .........Applicants
Versus
State of Uttarakhand and another ...........Respondents
----------------------------------------------------------------------
Presence:-
Ms. Mitali Arora, Advocate, through video conferencing and Mr.
Priyanshu Gairola, Advocate for the applicants.
Mr. Rakesh Negi, B.H. for the State.
Mr. Sagar Kothari, Advocate for respondent no.2.
----------------------------------------------------------------------
Hon'ble Pankaj Purohit, J.
The present C528 application has been filed by
the applicants for quashing the charge sheet dated
03.03.2022 filed in FIR No.122 of 2020, summoning
order dated 14.06.2022 and entire criminal proceedings
of Criminal Case No.4336 of 2022, State Vs. Soumya Deb
Mondal and others, under Sections 498-A, 323 and 504
IPC, registered at Police Station Rajpur, District
Dehradun, pending in the court of learned Vth Additional
Civil Judge, (J.D.), Dehradun, on the basis of
compromise arrived at between the parties.
2. A joint compounding application has been
moved on behalf of the parties, supported by their
respective affidavits, seeking to compound offences under
the aforesaid sections.
3. In the compounding application, it has been
stated that the dispute between the parties is purely
matrimonial and applicant no.1 (husband) and
respondent no.2 (wife) have entered into a compromise
and decided to live separately in future.
1
2025:UHC:6883
4. The applicant no.1-Soumya Deb Mondal
(husband), applicant no.2-Tapan Kumar Mondal,
applicant no.3-Neelima Mondal, applicant no.4-Sanjib
Bhowmik and respondent no.2-Anupam Nijhawan (wife)
are present before this Court, through video
conferencing, duly recognized and identified by their
respective counsel.
5. On interaction with applicant no.1 and
respondent no.2, it is revealed that they have decided to
part ways and for that they have filed a suit for mutual
divorce under Section 27 of the Uniform Civil Code, 2024,
which is registered as Original Suit No.107 of 2025, Smt.
Anupam Nijhawan Vs. Shree Soumya Deb Mondal in the
court of learned Principal Judge, Family Court,
Dehradun, wherein the date of first motion was
14.06.2022 and second motion is tomorrow i.e.,
07.08.2025.
6. An agreement has also arrived at between the
parties for settling the dispute, between them, and on
fulfilling of those conditions only respondent no.2 will not
prosecute the applicants any more, which are quoted as
hereunder:-
(i) Three children of the applicant no.1 and
respondent no.2 will live with respondent no.2 (wife) and;
(ii) ₹50,000/-, per month as maintenance will be
given to respondent no.2 (wife) for meeting out her own
expenses and for the expenses of their children.
7. Per contra, learned counsel for the State has
raised objection to compounding in the present case on
the ground that the offence is non-compoundable.
8. So far as compounding of non-compoundable
2
2025:UHC:6883
offence is concerned, the Apex Court has dealt with the
consequence of a compromise in this regard in the case
of B.S. Joshi and others vs. State of Haryana and another,
reported in (2003) 4 SCC 675 and has held as below: –
“12. The special features in such matrimonial matters are
evident. It becomes the duty of the court to encourage
genuine settlements of matrimonial disputes.
14. There is no doubt that the object of introducing Chapter
XX-A containing Section 498-A in the Penal Code, 1860 was
to prevent torture to a woman by her husband or by
relatives of her husband. Section 498-A was added with a
view to punishing a husband and his relatives who harass
or torture the wife to coerce her or her relatives to satisfy
unlawful demands of dowry. The hypertechnical view
would be counterproductive and would act against interests
of women and against the object for which this provision
was added. There is every likelihood that non-exercise of
inherent power to quash the proceedings to meet the ends of
justice would prevent women from settling earlier. That is
not the object of Chapter XX-A of the Penal Code, 1860.
15. In view of the above discussion, we hold that the High
Court in exercise of its inherent powers can quash criminal
proceedings or FIR or complaint and Section 320 of the Code
does not limit or affect the powers under Section 482 of the
Code.”
9. Having considered the submissions made by
learned counsel for the parties, this Court is of the
opinion that since the parties have reached to the terms
of the compromise, there would remain a remote or bleak
possibility of conviction in this case. It can also safely be
inferred that it would be unfair or contrary to the interest
of justice to permit continuation of the criminal
proceedings. Since the answer to the aforesaid points is
in affirmative, this Court finds it a fit case to permit the
parties to compound the matter.
10. Accordingly, Compounding Application (IA
No.2 of 2025) is allowed. The offences between the
parties are permitted to be compounded. As a result, the
impugned charge sheet dated 03.03.2022 filed in FIR
3
2025:UHC:6883
No.122 of 2020, summoning order dated 14.06.2022 and
entire criminal proceedings of Criminal Case No.4336 of
2022, State Vs. Soumya Deb Mondal and others, under
Sections 498-A, 323 and 504 IPC, registered at Police
Station Rajpur, District Dehradun, pending in the court
of learned Vth Additional Civil Judge, (J.D.), Dehradun,
against the applicants stand quashed, subject to
compliance of conditions agreed upon between the
parties vide first motion dated 01.02.2025 quoted as
hereunder:-
(i) Three children of the applicant no.1 and
respondent no.2 will live with respondent no.2 (wife) and;
(ii) ₹50,000/-, per month as maintenance will be
given to respondent no.2 (wife) for meeting out her own
expenses and for the expenses of their children.
11. Accordingly C528 application stands disposed-
off, in the aforesaid terms.
(Pankaj Purohit, J.)
06.08.2025
SK
4
[ad_1]
Source link