Kapil Rahi and Another v. State of Uttarakhand another

2022 (FIR No.13 of 2022), ‘State Vs. Kapil Rahi and Another’ for the offences punishable under Sections 323, 498-A, 506 of IPC and under Section 3/4 of Dowry Prohibition Act, 1961, Police Station Mallital, District Nainital pending before the court of 1st Additional Judicial Magistrate, Nainital in terms of compromise arrived between the parties.

2. A Compounding Application No.1 of 2025 has been filed by the applicants and respondent no.2. The applicant no.1 is the husband of respondent no.2 and the applicant no.2 is the mother in law of the respondent no.2. The Compounding Application is duly supported by 1 the affidavits of the applicants and respondent no.2. The applicants and respondent no.2 appeared before the Court and they have been identified by their respective counsel. In the affidavit, in support of the compounding application, the parties have made the following averments:- “(i) That during the pendency of trial the parties have reached into the amicable settlement and now the parties have no grievance against each other as the matter has amicably settled between and it was decided by both the parties the applicant no. I will paid Rs. 6.25 lacs to the respondent no. 2 as permanent alimony and out of said Rs. 3.25 lacs will be paid at the time of hearing of the instant criminal misc. application before this Hon'ble Court and also hand over the gold chain, gold ring, payal sliver, and bichhuye sliver and (nose ring) Nath Gold, necklace, earring, chain of earring (kanaultie) to the respondent no. 2 and remaining household article will be given to the respondent no. 2 at the time when both the parties have filed the suit under section 13-B of Hindu Marriage Act, 1955 before the competent Family Court and the said household article will be given at the first motion and remaining Rs. 3.00 lacs will be given at the time of second motion of aforesaid divorce suit and on the basis of aforesaid the parties are ready to compound the offence and both the parties have withdraw all the cases lodged/initiated against each other before any competent court of law. (ii) That since matter is amicably settled between the parties and continuation of the present proceeding as against the present applicants will be nothing but a futile exercise and amounts to gross misuse of 2 process of law as there is no chance of conviction of the applicants in the present facts and circumstances of the case particularly keeping in mind that parties have reached into the amicable settlement and the applicants and the respondent no. 2 have decided to live separate from each other and as of now the respondent no. 2 does not want to prosecute the present applicants in any manner. (iii) That in terms of law laid down by Hon'ble Apex Court in the case of 'Nikhil Merchent Vs. C.B.I.' reported in (2008) 9 SCC page 677 and Gyan Singh Vs. State of Punjab reported in (2012) 1 SCC page 303, the present criminal proceeding pending against the applicants can be quashed in view of amicable settlement between the parties to restore peace and harmony in the Society if otherwise the offence charged is not crime against the society. (iv) That in view of the above facts and circumstances stated above it is expedient and necessary in the interest of justice that this Hon'ble Court may graciously be pleased to allow the compounding application and permit the parties to compound the offence and quash and set aside the charge sheet dated 25-07-2022 as well as cognizance/ summoning order dated 21-10-2022 passed by learned Incharge Chief Judicial Magistrate, Nainital in league with entire proceeding of Criminal Case No. 2948 of 2022 (FIR No. 13 of 2022) 'State Vs. Kapil Rahi' for the offences punishable under sections 323, 498-A, 506 of IPC and under section 3/4 of Dowry Prohibition Act, 1961, Police Station Mallital, District Nainital pending before the court of 1st Additional Judicial Magistrate,/ Civil Judge, Nainital, in terms of 3 compromise arrived between the parties, otherwise the applicant no. 1 shall suffer irreparable loss and injury.”

3. Having heard learned counsel for the parties as well as the applicants and respondent no.2 and in view of the law laid down by the Hon’ble Apex Court in the case of Nikhil Merchant Vs. C.B.I., reported in 2008 (9) SCC 677 as well as in the case of Gian Singh Vs. State of Punjab, reported in 2013 (1) SCC (Crl) 160, the Compounding Application No. 1 of 2025 is allowed. The offences between the parties are directed to be compounded. Accordingly, the charge-sheet dated

25.07.2022 as well as cognizance/summoning order dated 21.10.2022 passed by learned In-charge Chief Judicial Magistrate, Nainital along with entire proceeding of Criminal Case No.2948 of 2022 (FIR No.13 of 2022), ‘State Vs. Kapil Rahi and Another’ for the offences punishable under Sections 323, 498-A, 506 of IPC and under Section 3/4 of Dowry Prohibition Act, 1961, Police Station Mallital, District Nainital pending before the court of 1st Additional Judicial Magistrate, Nainital are hereby quashed qua the applicants in terms of compromise arrived between the parties.

4. C-528 Application filed by the applicants stands disposed of in the aforesaid terms. ( SUBH A SH UPA D H YA Y, J.) Dat ed: 06.10.2025 SS SUKHBANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=71978f9c61bfde0ba69967c787b1764ea7bc7dd129 a8a6380d49b1885e628615, postalCode=263001, st=UTTARAKHAND, serialNumber=2D8B71B8D8E345F6B7F95B1DD4FB4BEBD2B 7D72C42261361AED33172F152148D, cn=SUKHBANT SINGH 4