Devendra Singh Solanki vs State Of Uttarakhand & Another

Pankaj Purohit, J

Present C528 application has been filed by the applicant along with the joint compounding application (IA/2/2025) for quashing the cognizance order dated 26.03.2025 as well as the entire proceedings of Criminal Case No.1865 of 2025, State vs. Devendra Singh Solanki, under Sections 498-A, 323 & 504 IPC, pending in the court of learned 5th Additional Civil Judge (S.D.)/ACJM, Dehradun on the basis of compromise entered into between the parties.

The ground for seeking compounding of offences is that parties have reached to the terms of compromise wherefor a settlement has also reached between them. It is thus, prayed that the present proceedings between the parties may be quashed in terms of the compromise arrived at between the parties.

Learned State Counsel raised a preliminary objection to the effect that the offences sought to be compounded are non-compoundable.

Applicant (husband)-Devendra Singh Solanki (appeared through V.C.) and respondent no.2(wife)-Madhubala Solanki are present in the Court being duly identified by their respective counsel.

In the compounding application, it has been stated that applicant and respondent no.2 have amicably resolved their dispute and they do not want to pursue with the criminal proceedings.

On interaction with respondent no.2(wife)-Madhubala Solanki, she candidly admits that the matter has been settled between them amicably and both the husband and wife has decided to file a suit for mutual divorce under Section 13-B of the Hindu Marriage Act, 1955 and the same has been filed before the Family Judge, Bhopal, which is registered as Case No.801 of 2025, Smt. Madhubala Solanki vs. Devendra Singh Solanki. The date of first motion is 07.05.2025, while the date of second motion is fixed on 18.12.2025. Respondent No. 2 informed this Court that they have decided to withdraw all criminal litigation and other matrimonial disputes, and that it would be appropriate for them to obtain a mutual divorce. Accordingly, both parties have filed the present compounding application jointly.

Since the parties have settled the dispute amicably and do not want to pursue the aforesaid criminal case, therefore, there is no useful purpose for keeping this criminal case pending and it will be a futile exercise to ask the applicant to appear before the trial court as accused to face the trial.

So far as compounding of non-compoundable 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: -

“If for the purpose of securing the ends of justice, quashing of FIR becomes necessary, Section 320 Cr.P.C. would not be a bar to the exercise of power of quashing. It is, however, a different matter depending upon the facts and circumstances of each case whether to exercise or not such a power.”

Thus, the High Court, in exercise of its inherent power can quash criminal proceedings or FIR or complaint, and Section 320 of Cr.P.C. does not limit or affect the powers under Section 482 of the Code of Criminal Procedure, 1973. Further the dispute sought to be resolve is a matrimonial dispute which should be put to an end.

Since the parties have reached to the terms of the compromise, this Court is of the firm opinion that there would be 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 after settlement. 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.

Accordingly, compounding application (IA/2/2025) is hereby allowed. The compromise arrived at between the parties is accepted. With the result, the cognizance order dated 26.03.2025 as well as the entire proceedings of Criminal Case No.1865 of 2025, State vs. Devendra Singh Solanki, under Sections 498-A, 323 & 504 IPC, pending in the court of learned 5th Additional Civil Judge (S.D.)/ACJM, Dehradun are hereby quashed. FIR dated 22.11.2023 and the charge-sheet filed pursuant thereto also stand quashed.

Present criminal misc. application thus stands allowed. Other pending applications, stand disposed of accordingly.