Rohit Vasudev Kotak and Anr v. State of Uttarakhand

SL. . Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGE'S ORDERS

C-582 No. 497 of 2026 Rohit Vasudev Kotak and Another ….. Applicants

Versus Sate of Uttarakhand and Another ….Respondents Hon'ble Ashish Naithani, J.

Mr. Vaibhav Singh Chauhan, learned counsel for the Applicants.

¶2Mr. S.C. Dumka, learned A.G.A. for the State of Uttarakhand.

¶3Mr. Abhishek Joshi, learned counsel for Respondent No. 2.

¶4The present Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the Applicants seeking quashing of the charge-sheet dated

20.04.2025, submitted under Section 498A IPC and Sections 3/4 of the Dowry Prohibition Act, the summoning order dated

09.03.2026, and the entire proceedings of Criminal Case No. 101 of 2026, titled "State vs. Rohit Vasudev Kotak and Another", pending before the Court of learned IInd Judicial Magistrate, District Haridwar.

¶5Along with the present application, a joint Compounding Application (I.A. No. 01 of 2026, Paper No. 30) has been filed, which bears the signatures of the parties and is duly endorsed by learned counsel for the Applicants, Mr. Vaibhav Singh Chauhan, and for Respondent No. 2, Mr. Abhishek Joshi. The application is also supported by affidavits of the parties, wherein it has been stated that the dispute, being matrimonial in nature, has been amicably settled between them.

¶6Today, Applicant No. 1–Rohit Vasudev Kotak is present in person and Applicant No. 2–Smt. Priya Kotak

is present through video conferencing; both have been duly identified by Mr. Vaibhav Singh Chauhan, learned counsel. Respondent No. 2 is also present in person and has been duly identified by Mr. Abhishek Joshi, learned counsel.

¶7This Court has interacted with the Applicants as well as Respondent No. 2. During the course of interaction, all the parties have stated that they have amicably resolved their dispute and do not wish to pursue the matter any further. They have further stated that they have no objection if the Compounding Application is allowed.

¶8Per contra, learned State Counsel has opposed the Compounding Application on the ground that some of the offences involved are non-compoundable in nature.

¶9Having considered the submissions of learned counsel for the parties and upon perusal of the record, this Court is of the considered view that the dispute between the parties is essentially matrimonial in nature and has been amicably settled. In such circumstances, continuation of the criminal proceedings would serve no useful purpose and would amount to an abuse of the process of law.

¶10Accordingly, in the interest of justice, the Compounding Application deserves to be allowed and the entire proceedings of Criminal Case No. 101 of 2026, titled "State vs. Rohit Vasudev Kotak and Another", pending before the Court of learned IInd Judicial Magistrate, District Haridwar, are liable to be quashed, qua the present Applicants only.

¶11The Compounding Application (I.A. No. 01 of 2026) is, accordingly, allowed. The entire proceedings

of the aforesaid criminal case are hereby quashed only in respect of the present Applicants.

¶12Consequently, the present Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, stands disposed of.

(Ashish Naithani, J.)

24.03.2026 Shiksha