Om Prakash and Ors v. State of Uttarakhand

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGE'S ORDERS

C528/1581/2026 With Compounding Appl. No. 1 of 2026

Om Prakash And Ors --Applicant Versus State Of Uttarakhand --Respondent

Hon'ble Rakesh Thapliyal, J.

¶1Mr. Bhuvnesh Joshi, learned counsel for the applicant.

¶2Mrs. Meenaksi Sharma, learned A.G.A. for the State.

¶3Mr. Ashutosh Joshi, learned counsel for the complainant.

¶4The instant petition is preferred under Section 528 of BNSS 2023 by the applicants Om Prakash S/o Gopal Ram, Manju Devi @ Mangla Devi W/o Gopal Ram and Seema, D/o Gopal Ram for quashing of the proceeding of Criminal Case No.1337 of 2023 arising out of Case Crime No. 77 of 2022, wherein all the applicants have been summoned to face the trial for the offences punishable under Section 323, 498-A, 504, 506 of IPC read with Section 3/4 of Dowry Prohibition Act, 1961, which is pending in the Court of learned Judicial Magistrate

(IInd) Haridwar District Haridwar. The dispute is arising out of matrimonial one in between applicant no.1 who married with the respondent no.2 in the year 2016 due to such dispute both are living separately since last five years and now with the

intervention of the family members both of them settled their dispute amicably to get divorce by way of mutual consent.

¶5The petition is filed along with the compounding application, i.e., IA No. 1 of 2026 supported with the affidavit of applicants and respondent no.2/complainant, the wife of applicant no. 1. The applicant no.1 and 3 are present, and the applicant no.2 joined proceeding through V.C. The respondent no.2/complainant is also present in Court and all of them are identified by their respective counsels. Learned counsel for the parties submits that since the parties settle all the dispute amicably, therefore, the proceeding be closed.

¶6On the other side, Mrs. Meenakshi Sharma, learned AGA also submits that since the dispute is arising out of a matrimonial discord which now they have settled to get divorce by way of mutual consent, therefore, continuation of proceeding is a futile exercise. It is contended in compounding application that towards the permanent alimony Rs. 10,00,000 ( Ten lakhs) is agreed to be paid and Rs, 5,00,000 (Five lakhs) has already been paid through demand draft to respondent no.2/complainant. It is also contended that the divorce petition has already been filed in which the first motion is already completed and second motion is fixed on 01.08.2026.

¶7It is also agreed that the remaining amount of the alimony of Rs. 5,00,000/- (Five lakhs) will be paid on the date of the final decree.

¶8Since, now the parties have settled their matrimonial dispute to get divorce by way of mutual consent, part payment towards permanent alimony is already paid. Divorce petition is already

filed. The first motion has also been completed and the second motion is fixed on 01.08.2026, therefore, in such an eventuality, there is useful purpose to continue the proceedings and as such the instant petition as well as compounding application both deserve to be allowed.

¶9Accordingly, the present petition as well as the compounding application are allowed and the entire proceedings of Criminal Case No.1337 of 2023 arising out of Case Crime No. 77 of 2022 is hereby quashed.

(Rakesh Thapliyal, J.)

23-07-2026 Nahid