SHAMSHAD HUSAIN AND OTHERS vs STATE OF UTTARAKHAND

UKHC010172072026

2026:UHC:9650
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures

SL.
Date
No.

COURT’S OR JUDGE’S ORDERS

C528/2104/2026


Shamshad Husain And Others
--Applicant

Versus
State Of Uttarakhand
--Respondent

Hon’ble Alok Mahra, J.
Mr. Avidit Noliyal, learned counsel
for the applicants.
2. Ms. Pushpa Bhatt, learned Addl.
Advocate General along with Mr. S.C.
Dumka, learned A.G.A. and Mr. Nikhil
Bisht, learned Brief Holder for the State.
3. Mr. Vishal Vikram Singh, learned
counsel for respondent no.2.
4. Present C-528 application has been
filed seeking quashing of the
chargesheet, summoning order dated
26.09.2025 passed by learned Civil
Judge J.D./Judicial Magistrate, Bazpur,
District Udham Singh Nagar in Criminal
Case No. 448 of 2025 under Sections
498-A & 506 I.P.C. and Section 3/4 of
the Dowry Prohibition Act (F.I.R.
No.0098 of 2025) as well as the entire
proceedings of the aforesaid criminal
case.
5. Learned counsel for the applicant
would submit that the present case
arises out of matrimonial discord; that

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2026:UHC:9650
applicant no.3 and respondent no.2 are
husband and wife and other applicants
are the family members of applicant
no.3. Due to certain matrimonial
disputes between them, respondent no.2
lodged a complaint against the
applicants; that, pursuant thereto, after
completion of investigation, the
Investigating Officer submitted the
charge-sheet against the applicants, on
which the learned trial court took
cognizance.
6. Learned counsel for the applicants
would submit that the applicants and
respondent no. 2/complainant have
amicably resolved their dispute and do
not wish to pursue the criminal
proceedings any further. He would
further submit that applicant no. 3 and
respondent no. 2, being husband and
wife, have decided to live separately and
have executed an agreement in this
regard. Therefore, respondent no. 2 does
not wish to pursue the present
proceedings against the applicants. In
support of the aforesaid submissions, a
joint compounding application (IA No. 1
of 2026), along with the affidavits of the
applicants and respondent no.
2/complainant, has been filed, stating
that respondent no. 2 does not wish to
prosecute the applicants any further.
7. The applicant and respondent no.
2/complainant are present in person
before the Court and have been duly
identified by their respective counsel.

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2026:UHC:9650
Upon interaction with the Court, both
the applicant/husband and respondent
no. 2 have stated that they have decided
to live separately and have executed an
agreement to this effect. Respondent no.
2 has further submitted that the dispute
has been amicably settled between the
parties and that she does not wish to
pursue the criminal proceedings against
the applicants any further.
8. Learned State Counsel opposes the
application, on the ground that the
allegations include the offences which
are non-compoundable in nature.
However, does not dispute the factum of
compromise between the parties or the
filing of the joint compounding
application.
9. Heard learned counsel for the
parties and perused the record.
10. From the material brought on
record, it transpires that the dispute
between the applicants and respondent
no. 2 has arisen out of matrimonial
discord. The parties, who are husband
and wife, are present before this Court
and have been duly identified by their
respective counsel. Upon interaction,
both have unequivocally stated that they
have amicably resolved their differences
and are now residing separately from
each other. A joint compounding
application (IA No. 1 of 2026), supported
by their respective affidavits, has also
been filed wherein respondent no. 3 has
categorically stated that she does not

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2026:UHC:9650
wish to pursue the criminal proceedings
against the applicants.
11. Although the offences alleged
against the applicants are non-
compoundable, it is well settled that in
matrimonial disputes, where the parties
have amicably settled their differences
and mutually decided to live separately,
this Court, in exercise of its inherent
jurisdiction under Section 482
Cr.P.C./Section 528 of the B.N.S.S., may
quash the criminal proceedings to secure
the ends of justice and prevent abuse of
the process of the Court. The Hon’ble
Gian Singh vs.
Supreme Court in 11.
State of Punjab (2012) 10 SCC 303 and
Narinder Singh vs. State of Punjab (2014)
6 SCC 466 has held that criminal
proceedings arising out of matrimonial
disputes can be quashed on the basis of
compromise, even if the offences are
non-compoundable, provided the Court
is satisfied that the compromise is
genuine and the continuation of
proceedings would be an exercise in
futility.
12. In the present case, this Court is
satisfied that the compromise between
the parties is voluntary, genuine and
without any coercion. The complainant
herself does not wish to prosecute the
applicant any further. In the present
case, this Court is satisfied that the
compromise between the parties is
voluntary, genuine and without any
coercion, therefore, no fruitful purpose

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2026:UHC:9650
would be served to keep the criminal
proceedings pending against the
applicants.
14. In view of the aforesaid facts and
circumstances, as well as the law laid
down by the Hon’ble Apex Court, this
Court finds that it is a fit case to exercise
inherent powers to secure the ends of
justice.
15. Accordingly, the compounding
application (IA No. 1 of 2026) is allowed.
The chargesheet, summoning order
dated 26.09.2025 in Criminal Case No.
448 of 2025 pending in the court of
learned Civil Judge J.D./Judicial
Magistrate, Bazpur, District Udham
Singh Nagar as well as the entire
proceedings of the aforesaid criminal
case are hereby quashed the applicant.
16. The present C-528 application
stands allowed accordingly.
17. Pending applications, if any, shall
stand disposed of accordingly.


MAMTA
RANI

(Alok Mahra, J.)
27.10.2026

Mamta

Digitally signed by MAMTA RANI
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=6a812005bebfcf46f244f3e584af1449e430
ef900bf09a6d67ebbd642671329b,
postalCode=263001, st=Uttarakhand,
serialNumber=5de1751a4f1d9cabfd54852c9e6891
1ca8b66dd26690a191648ab5d8dd004ef0,
cn=MAMTA RANI
Date: 2026.10.28 11:20:20 +05'30'