Extracted from the PDF above. The PDF is authoritative.
2025:UHC:5325 1
HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application U/s 482 No. 369 of 2024 24th June, 2025
Karan Seth And Ors ………Applicants Versus
Aarti Seth and another .……Respondents ---------------------------------------------------------------------- Presence:- Mr. D. S. Mehta learned counsel for the Applicants. Mr. Rishabh Bisht, proxy counsel for Mr. Vikas Kumar Guglani,
learned counsel for respondent no.1. Mr. S.C. Dumka, learned A.G.A. along with Ms. Shweta Badola Dobhal, learned Brief Holder for the State/respondent no.2. ----------------------------------------------------------------------
Hon'ble Pankaj Purohit, J. (Oral). Present petition has been filed under Section 482 Cr.P.C. by the applicants to quash/set aside the impugned order dated 24.04.2023 passed by learned Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar in Criminal Case No. 148 of 2023 ‘Arti Vs. Sri Karan Seth & Others’, whereby the applicants were summoned under Section 406 I.P.C., the impugned judgment and order dated 29.02.2024 passed by Additional District & Sessions Judge, Kashipur in Criminal Revision No. 73 of 2023 as well as the entire criminal proceedings of the case in view of the compromise arrived at between the parties. 2. The present matter pertains to matrimonial discord between the parties. Applicant no.1 is the husband; applicant no.2 is the father-in-law; applicant no.3 is the mother-in-law; applicant no.4 is
2025:UHC:5325 2 the brother-in-law; applicant no.5 is the wife of applicant no.4; and applicant no.6 is the unmarried sister-in-law of respondent no.1. 3. Along with this petition, a Compounding Application (IA No. 4 of 2025), supported by the separate affidavits of the parties, has been filed stating that the dispute between the applicants and respondent no.1 has been amicably resolved and that they no longer hold any grievance against each other. 4. Applicant nos. 1 and 2 are present in person before this Court. Applicant nos. 3 to 6 are present via video conferencing. Respondent no.1 – Ms. Arti Seth – is also present in person and is duly identified by her learned counsel. 5. Upon interaction, respondent no.1 – Ms. Arti Seth confirms that she has filed a mutual divorce petition under Section 27 of the Uttarakhand Uniform Civil Code, 2025 before the Additional Principal Judge, Family Court, Kashipur, District Udham Singh Nagar. As per the settlement terms, applicant no.1 shall pay a total permanent alimony of `38,00,000/-, of which `30,00,000/- is for the minor daughter and `8,00,000/- for the wife. The amount of `30,00,000/- meant for the minor daughter shall be kept in a Fixed Deposit Receipt (F.D.R.) until she attains the age of majority. She further submits that she does not wish to pursue the present case any further. 6.
Upon query by this Court, both parties would submit that the first motion in the mutual divorce proceedings was moved on 27.05.2025, and
2025:UHC:5325 3 the second motion is fixed for 27.10.2025. They further state that the compromise was entered into voluntarily, without any coercion or undue influence. 7. Since the matter arises out of a matrimonial dispute, which is essentially private in nature, and the parties have amicably settled the same, no useful purpose would be served by continuing the present proceedings. 8. In view of the above, the Compounding Application (IA No. 4 of 2025) is allowed. 9. Consequently, the impugned order dated 24.04.2023 passed by the learned Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar in Criminal Case No. 148 of 2023 ‘Smt. Arti Vs. Sri Karan Seth and Others’ and the judgment and
order dated 29.02.2024 passed by the learned Additional District & Sessions Judge, Kashipur, District Udham Singh Nagar in Criminal Revision No. 73 of 2023 ‘Karan Seth & Others Vs. Smt. Aarti and Another’ as well as the entire proceedings of the said criminal cases, are hereby quashed in view of the compromise arrived at between the parties. The C482 Application is accordingly allowed.
10. Pending applications, if any, shall stand
disposed of accordingly.
(Pankaj Purohit, J.) 24.06.2025 Mamta
2025:UHC:5325 4