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2026 DAILYLAW 7579 (UTT)

APOORVA NAUTIYAL v. STATE OF UTTARAKHAND

C528/1412/2026 · 2026-07-02

Rakesh Thapliyal

body2026

Judgment text

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SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS UKHC010111822026 C528/1412/2026 With IA 1/2026 (For Compounding Application) Apoorva Nautiyal --Applicant Versus State Of Uttarakhand --Respondent Hon’ble Rakesh Thapliyal, J. 1. Mr. Rishab Ranghar, learned counsel for the applicant. 2. Mr. Himanshu Sain and Mrs. Meenakshi Sharma, learned A.G.A. for the State. 3. The instant petition has been preferred by the present applicant ‘Apoorva Nautiyal’ S/o Shri Guru Dev Nautiyal under section 528 of BNSS, 2023 along with the compounding application for quashing the entire proceedings of Criminal Case No. 615 of 2025 ‘State vs. Apoorva Nautiyal’ pending in the court of learned Chief Judicial Magistrate, Dehradun, arising out of First Information Report dated 22.01.2023 bearing FIR No. 0030 of 2023, wherein, the present applicant has been summoned to face the trial for the offences punishable under sections 498A, 323, 504 of IPC and section ¾ of Dowry Prohibition Act. 4. In the compounding application it is contended that the applicant married with respondent no. 3 on 30.09.2016 and there are no issues from their marriage but due to their matrimonial discord both are living separately since 2022 and thereafter they come up with the final settlement to get the divorce by way of mutual consent and the applicant-husband is agreed to pay an amount of Rs. 21,50,000/- (Rupees Twenty one lakh fifty thousand) towards permanent alimony. 5. It is further contended that the divorce petition has already been filed to seek divorce by way of mutual consent and on the first day of motion part payment of Rs. 10 lakhs has already been paid to the respondent-wife and the remaining amount of Rs. 11,50,000/- will be paid on the second motion. 6. Both the parties joined the proceeding through V.C. and also submits that since the parties have settled their dispute the proceedings be closed. 7. Learned State counsel submits that since the dispute appears to be matrimonial one and the parties have settled their dispute to get divorce by way of mutual consent, therefore, there is no useful purpose to continue with the proceeding. 8. Both the parties are identified by their respective counsel. 9. After hearing the learned counsel for the applicant as well as the learned A.G.A. and taking into consideration that the dispute appears to be matrimonial one, which has now been settled to get divorce by way of mutual consent and the first motion is already completed and the part payment has already been made, this court is of the view that the compounding application deserves to be allowed. 10. Accordingly, the instant application preferred under section 528 of BNSS, 2023 and the compounding application are allowed and the entire proceeding of Criminal Case No. 615 of 2025 ‘State vs. Apoorva Nautiyal’ arising out of Case Crime No. 0030 of 2023 pending in the court of Chief Judicial Magistrate, Dehradun, is also hereby quashed. (Rakesh Thapliyal, J.) 02.07.2026 PR