Extracted from the PDF above. The PDF is authoritative.
2025:UHC:5774 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
C-528 No. 198 of 2025
Hon’ble Ashish Naithani, J.
Mr. Niranjan Bhatt, learned counsel for the Applicant. 2. Mr. Virendra Singh Rawat, learned A.G.A. assisted by Mr. Rakesh Negi, learned Brief Holder for the State. 3. Mr. Siddharth Bankoti, learned Legal Aid Counsel for the Respondent no.2. 4. In the present Application filed under Section 528 of Bhartiya Nagarik Suraksha Sanhita, 2023, the Applicant wishes to set-aside the impugned cognizance and summoning order dated 28.10.2023 along with entire proceedings of Criminal Case No.1507 of 2023 (Computer No.1370 of 2023), titled as “Neelam Verma vs. Ashish Verma” under Sections 323, 325, 354B, 504 & 506 of IPC, pending in the court of learned Judicial Magistrate, Kashipur, District Udham Singh Nagar and order dated 05.10.2024 passed by the First Additional Sessions Judge, Kashipur, District Udham Singh Nagar in Criminal Revision No. 143 of 2023 (Computer Registration No.194 of 2023), titled as “Ashish Verma vs. Uttarakhand Government & Anr.”
5. Respondent no.2 is present in the Court
2025:UHC:5774 through V.C. By the previous order dated 27.02.2025, the Coordinate Bench had stayed the proceedings of Criminal Case No.1507 of 2023. 6. This is a case in which the present Applicant married with respondent no. 2/complainant on 25.11.2017 but some disputes were arose in between both of them, consequently, a divorce petition was filed by respondent no.2/wife and same was decreed on
05.12.2023. This Court also further observed that since all the proceedings have been initiated prior to filing of divorce petition, therefore continuation of this proceeding appears to be futile exercise. 7. Today, this Court interacted with the Respondent no.2/wife, who is present in Court through V.C. and she also submits that this proceeding may be dropped since divorce decree has already been passed in her favour on 05.12.2023, however, she submits that some personal items including one pair of Payal, Gold Chain and Clothes of Respondent no.2/wife for which she has emotional attachment are still with the Applicant and the Applicant be directed to handover to her. 8. To this, learned counsel for the Applicant undertakes that he will return back all the items. He further undertakes that since divorce decree has already been passed, therefore, the Applicant
2025:UHC:5774 will not make any complaint in future against respondent no.2/wife. 9.
There is no useful purpose to continue the proceeding since both the parties separated due to decree of divorce and as such the impugned proceeding is liable to be quashed. 10. In view of the observations as above, the instant C-528 application is disposed of finally and the impugned cognizance and summoning
order dated 28.10.2023 alongwith entire proceedings of the Criminal Case No.1507 of 2023 (Computer No.1370 of 2023), titled as
“Neelam Verma vs. Ashish Verma” under Sections 323, 325, 354B, 504 & 506 of IPC, pending in the court of learned Judicial Magistrate, Kashipur, District Udham Singh Nagar and order dated 05.10.2024 passed by the First Additional Sessions Judge, Kashipur, District Udham Singh Nagar in Criminal Revision No. 143 of 2023 (Computer Registration No.194 of 2023), titled as “Ashish Verma vs. Uttarakhand Government & Anr.”, are hereby quashed.
(Ashish Naithani, J.)
04.07.2025 Akash