Uttarakhand High Court
C528/88/2025 of SONU KUMAR AND ANR Vs STATE OF UTTARAKHAND on 31 July 2026
Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528/88/2025 Sonu Kumar And Anr --Applicant Versus State Of Uttarakhand --Respondent Hon'ble Rakesh Thapliyal, J. 1. Mr. Amanjot Singh Chadha, learned
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Date
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reports, orders
or proceedings
or directions
and Registrar’s
order with
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COURT’S OR JUDGE’S ORDERS
C528/88/2025
Sonu Kumar And Anr
--Applicant
Versus
State Of Uttarakhand
--Respondent
Hon'ble Rakesh Thapliyal, J.
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1. Mr. Amanjot Singh Chadha, learned counsel for the applicant.
2. Mr. Himanshu Sain, learned AGA for the State.
3. Mr. Umanshu Singh Jolly, learned counsel for the respondent no. 2.
4. The instant petition is moved under Section 528 of BNS, 2023 by the applicants – Sonu Kumar, son of Tejpal and Vedvati, wife of Tejpal along with compounding application with the affidavit of applicants and respondent no. 2 complainant.
5. Applicants and respondent no. 2 are present in the Court and both are duly identified by their respective counsel.
6. It is contended in the compounding application that dispute between the parties was arising out of matrimonial discord in between applicant no. 1 and respondent no. 2, which now they have resolved amicably and they have decided to take divorce by way of mutual consent. It is also decided in between the parties, that applicant husband shall pay a sum of Rs. 5,50,000/- towards permanent alimony and out of which, he has already paid Rs. 2,50,000/- in cash and for remaining amount cheque has been given. They also apprised that divorce petition is already filed for seeking divorce by way of mutual consent and now, parties have decided that the instant proceeding be closed.
7. On the other hand, learned AGA submits that though some of the penal provisions offences are not compoundable but the same can be compounded with the leave of the court. He further submits that since the dispute is arising out of matrimonial discord and now, the parties have settled their dispute amicably, therefore, continuation of the criminal proceeding is completely a futile exercise.
8. After hearing the learned counsel for the parties and taking into consideration that both the parties have settled their matrimonial dispute amicably and they have decided to took divorce by way of mutual consent and part payment of the alimony amount has already been paid by the husband, therefore, continuation of the criminal proceedings will be a futile exercise, consequently, compounding application i.e I.A. No. 2 of 2026 as well as instant C528 petition are allowed. Consequently, entire proceedings of Criminal Case No. 911 of 2024 (State Vs. Sonu Kumar and others), for the offences punishable under Section 498A, 323, 504, 506 IPC and under Section 3 / 4 of the Dowry Prohibition Act, arising out of FIR No. 458 of 2023, Police Station – Jaspur, District Udham Singh Nagar, pending in the court of learned Judicial Magistrate, Jaspur, District – Udham Singh Nagar, is hereby quashed.
(Rakesh Thapliyal, J.) 31.07.2026 SKS