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Mohd Sajid Kaif and Ors v. State of Uttarakhand

DISPOSED
Court
High Court of Uttarakhand
Decided
13 July 2026
Bench
Alok Mahraauthor
Case no.
C528 1360/2026

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Judgment

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGE'S ORDERS

C528/1360/2026 Mohd Sajid Kaif And Ors --Applicants Versus State Of Uttarakhand and Another --Respondents Hon'ble Alok Mahra, J.

Mr. Ankush Kumar Tyagi, learned counsel for the applicants.

Mr. Vijay Khanduri, learned Brief Holder for the State of Uttarakhand.

Mr. Sumit Joshi, learned counsel for respondent no. 2.

¶2The present Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the applicants seeking quashing of the charge-sheet dated

31.08.2022, cognizance and summoning order dated 22.12.2025, as well as entire proceedings of Criminal Case No. 1352 of 2025, State vs. Sajid Kaif and Others (Case Crime No. 506 of 2021), registered under Sections 323, 498-A, 504 and 506 of the Indian Penal Code, 1860, and Section 3/4 of the Dowry Prohibition Act, 1961, at Police Station Jwalapur, District Haridwar, pending in the Court of the learned IIIrd Judicial Magistrate, Haridwar, qua the present applicants.

¶3Along with the present application, a Compounding Application (I.A. No. 01 of 2026) has also been filed. The said application bears the signatures of both the parties and has been duly endorsed by learned counsel for the applicants, Mr. Ankush Kumar Tyagi, Advocate, and learned counsel for Respondent No. 2, Mr. Sumit Joshi, Advocate. The

application is supported by the affidavits of the respective parties, wherein it has been averred that the parties have amicably resolved all their disputes and that Respondent No. 2 does not wish to pursue the criminal proceedings any further.

¶4Applicant No. 1 and Respondent No. 2 are present before this Court today, whereas Applicant Nos. 2 to 4 have joined the proceedings through video conferencing. All of them have been duly identified by their respective learned counsel.

¶5This Court has interacted with Respondent No. 2. During the course of such interaction, she has categorically stated that they have entered into a one-time settlement, whereunder Applicant No. 1 has agreed to pay a sum of Rs. 6,00,000/- to Respondent No. 2 towards full and final settlement of all her claims, including permanent alimony. She has further stated that she does not wish to prosecute the matter any further, and has objection if present application is allowed and the criminal proceedings are quashed.

¶6Learned State Counsel submits that he has no objection to the prayer made in the present application.

¶7Upon interacting with Respondent No. 2 and considering the material available on record, this Court is satisfied that the compromise has been entered into voluntarily, without any coercion, pressure or undue influence from any quarter. Respondent No. 2 has unequivocally expressed her desire not to pursue the criminal proceedings any further.

¶8Having regard to the peculiar facts and circumstances of the case, the matrimonial nature of the dispute, the voluntary settlement arrived at between

the parties, and in order to secure the ends of justice and prevent abuse of the process of the Court, this Court is of the considered opinion that useful purpose would be served by permitting the criminal proceedings to continue.

¶9Accordingly, Compounding Application (I.A. No. 01 of 2026) is allowed. Consequently, entire proceedings of Criminal Case No. 1352 of 2025, State vs. Sajid Kaif and Others (Case Crime No. 506 of 2021), registered under Sections 323, 498-A, 504 and 506 of the Indian Penal Code, 1860, and Section 3/4 of the Dowry Prohibition Act, 1961, at Police Station Jwalapur, District Haridwar, pending in the Court of the learned IIIrd Judicial Magistrate, Haridwar, qua the present applicants, are hereby quashed.

¶10Consequently, the present Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is disposed of accordingly.

(Alok Mahra, J.) 13-07-2026 SB

SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f2182 2fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B 5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2026.07.13 18:01:51 +05'30'

Source: High Court of Uttarakhand, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.