Mayank Garg And Anr vs State Of Uttarakhand & Another

Pankaj Purohit, J

Present C528 application has been filed by the applicant along with the joint compounding application (IA/1/2025) for quashing the summoning order dated 28.11.2022 as well as the entire proceedings of Complaint Case No.3956 of 2022, under Sections 498-A, 323 & 504 IPC, pending in the court of Additional Chief Judicial Magistrate, Haridwar 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 no.1-Mayank Garg (husband) and applicant no.2-Smt. Rani Garg (mother-in-law) and respondent no.2-Radhika Goyal (wife) are present in the Court through V.C. being duly identified by their respective counsel.

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

Upon interaction with the parties, they submit that applicant no. 1 (husband) and respondent no. 2 (wife) have decided to separate on the basis of a settlement, under which the husband shall pay a sum of Rs.6,50,000/-to respondent no. 2 (wife). Applicant no. 1 (husband) submits that out of the total amount of Rs.6,50,000/-, a sum of Rs.3,25,000/- has already been paid to respondent no. 2, Smt. Radhika Goyal (wife), which she also admits. The remaining amount, i.e., Rs.3,25,000/-, shall be paid at the time of the second motion before the learned Family Judge, Haridwar, in Petition No.248 of 2025, Radhika Goyal vs. Mayank Garg.

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/1/2025) is hereby allowed. The compromise arrived at between the parties is accepted. With the result, the summoning order dated 28.11.2022 as well as the entire proceedings of Criminal Case No.3956 of 2022, under Sections 498-A, 323 & 504 IPC, pending in the court of Additional Chief Judicial Magistrate, Haridwar are hereby quashed. FIR dated 06.08.2023 and the charge-sheet filed pursuant thereto also stand quashed.

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