C528/1874/2026 of SUNIL Vs STATE OF UTTARAKHAND on 24 August 2026

1. Mr. Mehboob Rahi, learned counsel for the applicant.

2. Mrs. Meenakshi Sharma and Mr. Himanshu Sain, learned A.G.A. for the State.

3. Mr. Kaushal Pandey, learned counsel for the respondent.

4. The instant petition is moved under section 528 of BNSS, 2023 by the applicant Sunil Kumar S/o Shri Surendra Singh, who is the brother of applicant no. 1 of C528 1873 of 2026 along with the affidavit of the applicant and respondent no. 2, the complainant, for quashing of the proceeding of Criminal Case No. 1449 of 2024 arising out of First Information Report dated 29.06.2023 bearing Case Crime No. 0259 of 2023 P.S. Kaliyar Sharif, District Haridwar, wherein, all the applicant has been summoned to face the trial for the offences punishable under sections 323, 354, 498A and 506 of IPC r/w section ¾ of Dowry Prohibition Act.

5. The applicant and respondent no. 2 are present in court and identified by their respective counsel.

6. It is contended in the compounding application that both the applicant’s brother and respondent no. 2 married in the year of 2022 and from this marriage one female child is born, who is minor and living with the respondent/wife. It is submitted that there was some matrimonial discord in between the brother of the applicant and respondent no. 2 and now they have resolved their matrimonial dispute to get permanent separation and a divorce petition is filed to seek divorce by way

of mutual consent, wherein, first motion is already completed and the second motion is fixed on 27.08.2026. It has also been agreed that the a sum of Rs. 5,50,000/- was settled towards permanent alimony and the entire amount by of bank draft is already deposited in the Family Court and the same will be given to the respondent/wife on completion of second motion.

7. The respondent/complainant is present in court and submits that she do not want to pursue this proceeding since now she has decided to live separately to get divorce by way of mutual consent and she has also satisfied with the amount towards the permanent alimony and submits that the proceeding be quashed.

8. On the other side, learned A.G.A. submits that since the dispute arising out of a matrimonial discord and now the parties have settled their dispute, therefore, there is no useful purpose to continue with the proceeding.

9. After hearing the submission of learned counsel for the parties and taking into consideration that the parties have settled their matrimonial discord, therefore, there is no useful purpose to continue this proceeding.

10. In such view of the matter the instant C528 petition as well as the compounding application are allowed and the entire proceeding of Criminal Case No. 1449 of 2024 ‘State vs. Manjit and Others’ pending in the court of learned Judicial Magistrate 2nd, Roorkee, District Haridwar, is hereby quashed.

11. It is made clear that before expediting the divorce petition the Family Court may also secure the future of minor child. In this regard, husband is at liberty to make proper application for securing the future of the minor child with the visitation rights so that the minor child may not be deprived to get love and affection from the father.

(Rakesh Thapliyal, J.) 24.08.2026 PR