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2026 DAILYLAW 76 (UTT)

NAVNEET SHARMA AND ORS v. STATE OF UTTARAKHAND

C528/1107/2025 · 2026-03-11

Alok Mahra

body2026

Judgment text

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2026:UHC:1623 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.1107 of 2025 Hon’ble Alok Mahra, J. Mr. Pawan Mishra, Advocate for the applicants. Mr. Deepak Bisht, Deputy Advocate General for the State of Uttarakhand. Mr. B.S. Kathayat, Advocate for respondent no.2. 2. Present C-528 application is filed with the prayer to set-aside/quash the charge sheet dated 20.08.2023, cognizance order dated 23.04.2025 and the entire proceedings of Criminal Case No.2649 of 2025, pending in the Court of learned Ist Additional Chief Judicial Magistrate, Dehradun. 3. An F.I.R. was lodged by respondent no.2 against the applicants for the offences punishable under Sections 323, 354, 504, 506, 377 and 498-A I.P.C. and Section 3/4 of the Dowry Prohibition Act. After investigation, the Investigating Officer submitted charge sheet dated 20.08.2023. Pursuant thereto, learned Ist Additional Chief Judicial Magistrate, Dehradun, vide order dated 23.04.2025, took cognizance and summoned the applicants to face the trial. 4. Learned counsel for the applicants submits that the dispute between applicant no.1 and respondent no.2 arose out of matrimonial discord. It is further submitted that both the parties have amicably settled their dispute and have filed a petition under Section 13-B of the Hindu Marriage Act for dissolution of marriage by mutual consent, which has already been allowed by the learned Principal Judge, Family Court, Dehradun vide judgment and decree dated 2026:UHC:1623 20.03.2024. Since the marriage itself has been dissolved and the parties are now living separately, continuance of the criminal proceedings would serve no useful purpose. 5. Learned counsel appearing for respondent no.2 does not dispute the submissions advanced by the learned counsel for the applicants. 6. Hon’ble Supreme Court, in a catena of its judgments, has held that in matrimonial disputes, where the parties have amicably settled their differences and the possibility of conviction is remote, the High Court may exercise its inherent jurisdiction under Section 528 B.N.S.S. to quash the criminal proceedings in order to secure the ends of justice. 7. Considering the facts and circumstances of the case, particularly the fact that the matrimonial dispute between the parties has already been settled and the marriage has been dissolved by mutual consent, this Court is of the view that continuation of the criminal proceedings would amount to abuse of the process of the Court. 8. Accordingly, the present criminal misc. application is allowed. As a result, entire proceedings of Criminal Case No.2649 of 2025, pending in the Court of learned Ist Additional Chief Judicial Magistrate, Dehradun, are hereby quashed. (Alok Mahra, J.) 11.03.2026 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=eabb68a3895e41937c266c23964c04853 65445e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D4 54C5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.03.11 18:14:38 +05'30'