Manjit 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

C528/1873/2026 With IA 1/2026 (For Compounding Application)

Manjit And Ors --Applicant Versus State Of Uttarakhand --Respondent

Hon'ble Rakesh Thapliyal, J.

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

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

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

¶4The instant petition is moved under section 528 of BNSS, 2023 by the applicants 'Manjit' S/o Surendra Kumar, Smt. Rajshri W/o Shri Surendra Kumar, the mother of applicant no. 1 and Smt. Amrita W/o Sunil Kumar, who is the brother of applicant no. 1 along with the affidavit of the applicants 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 applicants have been summoned to face the trial for the offences punishable under sections 323, 498A and 506 of IPC r/w section ¾ of Dowry Prohibition Act.

¶5All the applicants and respondent no. 2 are present in court and identified by their respective counsel.

¶6It is contended in the compounding application that both the applicant 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 applicant no. 1 and respondent no. 2 and now they

have resolved their matrimonial dispute to get permanent separation and a divorce petition is also 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 applicant no. 1 pay a sum of Rs. 5,50,000/- and the entire amount by of bank draft is already deposited in the Family Court that will be given to the respondent/wife on completion of second motion.

¶7The respondent/complainant is present in court and submits that she do not want to pursue the 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.

¶8On 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.

¶9After 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 with the proceeding.

¶10In 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.

¶11It is made clear that before expediting the divorce petition the Family Court may also secure the future of minor child. In this regard, the applicant no. 1 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, who is applicant no. 1.

(Rakesh Thapliyal, J.)

24.08.2026 PR