Deepak Gupta and Ors v. State of Uttarakhand

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures

UKHC010137342026

2026:UHC:7594 COURT'S OR JUDGE'S ORDERS

C528/1704/2026 With (Compounding Appl. No.01 of 2026)

Deepak Gupta And Ors --Applicants Versus State Of Uttarakhand and Another --Respondents Hon'ble Rakesh Thapliyal, J.

Mr. Yash Bisht, learned counsel for the applicants.

¶2Mrs. Sweta Badola Dobhal, learned Brief Holder for the State.

¶3Mr. Mukesh Singh Rawat, learned counsel for respondent no.2.

¶4The instant petition is preferred under Section 528 of BNSS, 2023 by the applicants-Deepak Gupta, S/o Om Prakash Gupta, Om Prakash Gupta, S/o Prem Chand Gupta, Rekha Gupta, W/o Om Prakash Gupta and Praveen Kumar Goyal alongwith compounding application with the affidavits of applicants and respondent no.2 for quashing of the proceeding of Criminal Case No.206 of 2023 State vs. Deepak Gupta and others arising out of Case Crime No.0224 of 2022 pending in the court of learned Civil Judge (Junior Division)/Judicial Magistrate, Doiwala, District Dehradun wherein the applicants have been summoned to face the trial for the offences punishable under Sections 498-A, 323, 504 and 506 of IPC and Section 3/4 of Dowry Prohibition Act.

¶5The applicant no.1 and respondent no.2 are present in the Court. The applicant nos.2, 3 & 4 also join proceeding through V.C. They all are identified by their respective counsels.

¶6The issue, as involved, is nothing but arising out of a matrimonial discord in between the applicant no.1 and respondent no.2, who were married on 28.11.2021, however, there is no issue from their marriage but due to some matrimonial discord in between both of them they are living separately and now they have amicably resolved their matrimonial dispute to get divorce by way of mutual consent, which has already been filed in the concerned Family Court wherein first motion is already completed and Rs.24,00,000/- were also determined towards the alimony out of which 50% of the amount i.e. Rs.12,00,000/-is already paid to respondent no.2/complainant, who also admits this fact. It is further contended in the compounding application that since they have resolved their matrimonial dispute to get permanent separation and respondent no.2 who is present in the Court also submits that she does not want to proceed with proceeding.

¶7Mrs. Sweta Badola Dobhal, learned Brief Holder submits that since the dispute originally arising out of matrimonial dispute in between applicant no.1 and respondent no.2 and they have now resolved their dispute and respondent no.2 herself is not intended to pursue the proceeding, therefore, the continuation of the proceeding is completely a futile exercise.

¶8After hearing submissions of learned counsel for the parties and taking into consideration that the matrimonial dispute in between the applicant no.1 and respondent no.2 have now been resolved and there is no such grievance against applicant nos.2, 3 & 4 also, therefore, there is no useful purpose to continue with the proceeding.

¶9Accordingly, instant C528 petition as well as the compounding application are allowed. The entire proceeding of Criminal Case No.206 of 2023 State vs. Deepak Gupta and others arising out of Case Crime No.0224 of 2022 pending in the court of learned Civil Judge (Junior Division)/Judicial Magistrate, Doiwala, District Dehradun wherein the applicants have been summoned to face the trial for the offences punishable under Sections 498-A, 323, 504 and 506 of IPC read with Section 3/4 of Dowry Prohibition Act and so far as applicant no.4 is concerned he is facing trial only for the offence punishable under Section 354 of IPC is hereby quashed.

(Rakesh Thapliyal, J.)

21.08.2026 Arti