Extracted from the PDF above. The PDF is authoritative.
2026:UHC:3111 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
C528 No.2181 of 2025 Hon’ble Alok Mahra, J.
Mr. Bhuwan Bhatt, Advocate for the applicants.
Mr. Pradeep Lohani, A.G.A. for the State of Uttarakhand.
Ms. Priyadarshani Shukla, Advocate for respondent no.2.
2. Present C-528 application is filed with the prayer to set-aside/quash the charge sheet dated 09.03.2003, cognizance/summoning
order dated 18.09.2003 and the entire proceedings of Criminal Case No.871 of 2023, pending in the Court of learned Judicial Magistrate-III, Haridwar.
3. An F.I.R. was lodged by respondent no.2, who happens to be the father of the daughter-in-law of applicant no.1, against the applicants and other family members. Pursuant to investigation, charge-sheet was submitted and cognizance was taken by the learned Magistrate. During pendency of the proceedings, a supplementary charge- sheet was also filed against Rajeev Chauhan, son of applicant no.1.
4. It is not in dispute that matrimonial discord between Rajeev Chauhan and Archana (daughter of respondent no.2) culminated into a decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, which was granted on 05.02.2007 by learned Judge, Family Court, Haridwar, and since then both have been living separately.
2026:UHC:3111
5.
Learned counsel for the applicants submits that despite dissolution of marriage by mutual consent, the criminal proceedings continued. It is further submitted that Rajeev Chauhan has already been acquitted vide judgment and order dated 16.05.2016 passed by learned Judicial Magistrate-I, Haridwar, and during pendency of the trial, husband of applicant no.1 has also expired. It is thus contended that, in view of subsequent developments, including acquittal of the principal accused and severance of matrimonial ties, the substratum of the prosecution case no longer survives and continuation of proceedings against the present applicants would be an exercise in futility.
6. Today, respondent no.2 has appeared through video conferencing, duly identified by his counsel, and has categorically stated that he does not wish to press the complaint any further and has no objection if the proceedings are quashed.
7. Having considered the submissions advanced and perused the record, this Court finds that the dispute in question arose out of matrimonial discord, which has already been amicably settled between the parties, resulting in dissolution of marriage by mutual consent. The principal accused has been acquitted after full-fledged trial and no incriminating material survives against the present applicants. The complainant himself has resiled from his allegations and is no longer interested in prosecuting the matter. In such circumstances, the possibility of conviction is remote and bleak and continuation of the criminal
2026:UHC:3111 proceedings would not serve any useful purpose and would rather result in unnecessary harassment to the applicants.
8. Accordingly, the criminal misc. application deserves to be allowed and is hereby allowed. As a result, entire proceedings of Criminal Case No.871 of 2023, pending in the Court of learned Judicial Magistrate-III, Haridwar, are hereby quashed.
(Alok Mahra, J.)
24.04.2026 Arpan
ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB987446351E4DF04AADAA2C2 CEA66, cn=ARPAN JAISWAL Date: 2026.04.24 17:15:03 +05'30'