Uttarakhand High Court
C528/661/2024 of VAISHNAVI Vs STATE OF UTTARAKHAND on 28 July 2026
Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS UKHC010161222024 2026:UHC:6520 UKHC010161222024 C528/661/2024 Vaishnavi --Applicant Versus State of Uttarakhand & others --Respondents Hon’ble
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SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
UKHC010161222024
2026:UHC:6520
UKHC010161222024 C528/661/2024 Vaishnavi --Applicant Versus State of Uttarakhand & others --Respondents Hon’ble Rakesh Thapliyal, J.
Mr. Suraj Shahi, learned counsel holding brief of Mr. Siddhartha Singh, learned counsel for the applicant.
2. Ms. Meenakshi Sharma, learned AGA, for the State of Uttarakhand/1 and 2.
3. Mr. Gaurav Singh, learned counsel for the respondent no.3.
4. The instant petition has been moved by the applicant – Smt. Vaishnavi W/o Shri Rahul Kherva, under Section 528 of BNS, 2023 for quashing of the entire proceedings of the Criminal Case No.1618 of 2024, “State of Uttarakhand Vs. Smt. Vaishnavi” arising out of FIR dated 05.11.2022, bearing Case Crime No.0271 of 2022, wherein, the present applicant is facing trial for the offences punishable under Sections 504 and 427 of IPC, pending in the court of 1st Judicial Magistrate, Haridwar.
5. Now IA No.2/2026 has been moved, which is a compounding application with the affidavit of the applicant and the respondent/complainant, who is mother-in-law of the present applicant. Applicant has joined the proceedings through VC and the respondent no.3/complainant is present in person along with her son Sri Rahul Kherva, the husband of the applicant, who are identified by their respective counsels. The compounding application is filed with the affidavit of applicant and the respondent/complainant with this contention that the dispute is matrimonial one and now they have settled their dispute amicably to get divorce by way of mutual consent and towards the permanent alimony a sum of Rs.15.00 lacs is agreed to be paid, and half of the amount i.e. Rs.7.50 lacs is already paid to the applicant. It is submitted that since the parties have amicably settled their dispute, the proceedings be closed.
6. On the other side, Ms. Meenakshi Sharma, learned AGA submitted that all the offences are compoundable and since the parties have settled their dispute amicably which is arising out of a matrimonial discord in between the present applicant and the son of the respondent no.3, therefore, the continuation of the proceedings would completely a futile exercise.
7. After hearing the submissions of the learned counsel for the parties, and taking into consideration that the parties have settled their matrimonial dispute amicably, therefore this Court is of the view that the compounding application deserves to be allowed.
8. Accordingly, the instant C528 application as well as the compounding application are allowed, and the entire proceeding of Criminal Case No.1618 of 2024, “State of Uttarakhand Vs. Smt. Vaishnavi” arising out of FIR dated 05.11.2022, bearing Case Crime No.0271 of 2022, pending in the court of 1st Judicial Magistrate, Haridwar, is hereby quashed.
(Rakesh Thapliyal, J.)
28.07.2026 Nitesh/