Extracted from the PDF above. The PDF is authoritative.
2026:UHC:2778 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
WPCRL No. 654 of 2026
Hon’ble Rakesh Thapliyal, J.
1. Mr. Saurabh Kumar Pandey, learned counsel for the petitioners. 2. Mr. Vijay Khanduri, learned Brief Holder for the State. 3. Mr. Nalin Saun, learned counsel for the complainant. 4. The instant petition has been moved by the petitioners Rajat Saklani, Rajesh Saklani and Smt. Anita Saklani for quashing of first information report dated 19.08.2025 bearing FIR No. 308 of 2025, P.S. Kotwali Dehradun, District Dehradun wherein the petitioners have been implicated by the respondent no. 3 for the offences punishable under Sections 323, 498-A, 504 IPC read with Section 3/4 of Dowry Prohibition Act. 5. The petitioner no.1 is present in Court and the petitioner no. 2 and 3 joined proceedings through V.C. The respondent/complainant also joined through V.C.
6. The writ petition is filed alongwith the compounding application with the affidavit of the petitioners and respondent no.3. All of them are identified by their respective counsels. 7. It is contended in the compounding application that due to matrimonial dispute
2026:UHC:2778 in between the petitioner no.1 and respondent no.3 they now have decided amicably to get divorce by way of mutual consent and already filed the divorce petition in the concerned court and towards also permanent alimony Rs. 15,00,000/- has also been decided to be paid by the petitioner no.1 to respondent no.3, out of which Rs. 5,00,000/- has already been paid on the first motion and now for second motion 29.08.2026 is fixed before the concerned court. 8. The petitioner no.1 who is present in court submits that after the marriage only for the six months they lived together and since last two years they are living separately. 9. The counsel for the parties apprised to this court that 29.08.2026 is fixed for second motion because of the rider of statutory period of judicial separation. Admittedly both the petitioner no. 1 and the respondent no. 3 are living separately since last two years therefore there is no any justification to give a longer date for second motion and in such an eventuality the concerned court should waive off the statutory period of judicial separation. 10.
This Court also interacted with the complainant who joined the proceedings through V.C. She submits that she does not want to pursue the impugned FIR since now they have decided to get a divorce by way of mutual consent and she has already received part payment towards permanent alimony i.e. now Rs. 5,00,000/-. 11. On the other side, Mr. Vijay Khanduri, the learned Brief Holder submits that since parties have settled their dispute, and the
2026:UHC:2778 complainant does not want to pursue the impugned FIR, therefore there is no useful purpose to go with the investigation. 12. In such view of the matter, when the parties have settled their disputes, this Court is of the view that the compounding application as well as writ petition deserves to be allowed. 13. Accordingly, the writ petition as well as the compounding application are allowed and the impugned FIR dated 19.08.2025 bearing FIR No. 308 of 2025, P.S. Kotwali Dehradun District Dehradun is hereby quashed. 14. It is further made clear that both the parties are at liberty to move an application before the concerned court where the divorce proceedings are pending for waiver of statutory period of judicial separation and if such an application is moved, the concerned court decide the same by keeping in mind that both the parties are living separately since last two years. (Rakesh Thapliyal, J.)
17.04.2026 Nahid
2026:UHC:2778