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2026 DAILYLAW 10155 (UTT)

SUMIT KUMAR NISHAD AND ORS v. STATE OF UTTARAKHAND

C528/1794/2026 · 2026-08-13

Rakesh Thapliyal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS UKHC010143692026 2026:UHC:7220 UKHC010143692026 C528/1794/2026 Sumit Kumar Nishad & Ors --Applicants Versus State of Uttarakhand & another --Respondents Hon’ble Rakesh Thapliyal, J. Mr. Deepak Sharma, learned counsel for the applicants. 2. Ms. Meenakshi Sharma, learned AGA, for the State of Uttarakhand/1. 3. Ms. Chetna Latwal, learned counsel for the respondent no.2. 4. The instant petition has been moved by the applicants – Sumit Kumar Nishad, Mr. Suresh Kumar Nishad, Smt. Sushma Rani Nishad and Mr. Amit Nishad @ Monu, under Section 528 of BNSS, 2023 for quashing of the entire proceedings of the Criminal Case No.139 of 2025, “State Vs. Sumit Kumar and others” pending in the court of Additional Civil Judge (J.D.)/J.M. Rishikesh, District Dehradun, wherein, the present applicants have been summoned to face the trial for the offences punishable under Sections 498A, 323, 342, 504 and 506 of IPC read with Section ¾ of Dowry Prohibition Act. 5. The petition is filed along with compounding application (IA No.1/2026) with the affidavit of the applicants and the respondent no.2. Applicants are present in Court and the respondent no.2 joined through VC and are duly identified by their respective counsels. In the compounding application, it is contended that the present applicant no.1 married with the respondent no.2 on 08.12.2022 and from this marriage, there is no issue, but due to some matrimonial discord they are living separately since 16.01.2023, and now due to the intervention of the family members, they have settled their dispute amicably by getting divorce by way of mutual consent under Section 13B of the Hindu Marriage Act, which they already filed, which is pending for consideration, and towards permanent alimony it has already been decided to pay a sum of Rs.6.00 lacs, out of which Rs.2.00 lacs have already been paid and rest will be paid on the final outcome of the 13B petition. 6. Learned AGA submits that since now the dispute appears to be matrimonial one, which now they have settled through amicable settlement, therefore, the continuation of the proceedings is completely a futile exercise. 7. After hearing the submissions of the learned counsel for the parties and taking into consideration the grounds as taken in the compounding application, this Court is of the view that since the parties have settled their dispute, which was arising out of the matrimonial discord in between the applicant no.1 and respondent no.2/wife, which has now been settled to get divorce by way of mutual consent, there is no useful purpose to continue the proceedings. 8. In such view of the matter, the instant C528 application as well as the compounding application are allowed, and the entire proceeding of Criminal Case No.139 of 2025, “State Vs. Sumit Kumar and others” pending in the court of Additional Civil Judge (J.D.)/J.M. Rishikesh, District Dehradun, is hereby quashed. (Rakesh Thapliyal, J.) 13.08.2026 Nitesh/