Shankar Kumar Alias Shankar Verma 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

C528/1246/2026 With Compounding Appl. No. 1 of 2026

Hon'ble Rakesh Thapliyal, J.

¶1Mr. Ravi Joshi, learned counsel for the applicants.

¶2Ms. Meenakshi Sharma, learned A.G.A. for the State.

¶3Mr. Gaurav Kandpal, learned counsel for the respondent.

¶4The instant application has been moved under Section 528 of BNSS 2023 by the applicants Shankar Kumar @ Shankar Verma, S/o Sundar Lal, Sundar Lal, S/o Chhahga Ram and Nirmala Devi, W/o Sundar Lal challenging the proceeding of Criminal Case No. 1347 of 2023, State of Uttarakhand vs. Shankar Verma & Ors., wherein all the applicants are facing the trial for the offences punishable under Sections 323, 498A and 504 IPC read with Section 3 and 4 of Dowry Prohibition Act.

¶5The instant application has been filed along with the compounding application (IA No. 1 of 2026) supported with the affidavit of the applicants and respondent no. 2.

¶6Applicant no. 1 is present in Court, however, applicant nos. 2 and 3 who are senior citizens joined the proceeding through V.C. The respondent/complainant is also present in Court.

¶7Brief facts, of the case, are that applicant no. 1 and respondent/complainant married on

02.11.2020 and both of them are living separately since 28.02.2021 due to their matrimonial discord and there is no issue from this marriage.

¶8In the compounding application , it is contended that now applicants and respondent/ complainant have resolved their disputes and have decided to get divorce by way of mutual consent. It has been apprise that all other pending proceedings have now been closed,

after settlement arrived in between the parties and this is the only case which is now left out. It has also been apprised that pursuant to the compromise now a divorce petition has also been filed to seek divorce by way of mutual consent and the next date for first motion is fixed on 11.06.2026.

¶9Learned counsel for the parties submits that since now the parties have settled their disputes and other pending proceedings have also been closed and the instant petition is arising out of the FIR dated 21.07.2021, bearing FIR No. 0204 of 2021 P.S. Cantt. District Dehradun, therefore, the impugned proceeding be also closed.

¶10On the other side, Ms. Meenakshi Sharma, learned AG.A. for the State have not disputed that the dispute in between the parties appears to be a matrimonial one and now they have decided to get divorce by mutual consent, therefore, since, respondent/complainant also does not want to continue with the proceeding since the parties have settled their all disputes, therefore, continuation of the proceedings is completely a futile exercise and there are remote chances of conviction.

¶9After hearing the submission as above, and after considering that the parties settled their dispute to get divorce by mutual consent instant C528 application

as well as compounding application are allowed and the entire proceeding of Criminal Case No. 1347 of 2023, State of Uttarakhand vs. Shankar Verma & Ors., pending in the court of C.J.M. II, Dehradun is hereby quashed.

(Rakesh Thapliyal, J.)

04.06.2026 Parul