RAHUL THAKUR ALIAS RAHUL KUMAR v. STATE OF UTTARAKHAND
C528/1437/2026 · 2026-07-08
Rakesh Thapliyal
body2026
DailyLaw.ai
[ 2026 DAILYLAW 7865 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7865 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
UKHC010114482026
2026:UHC:5543 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
C528/1437/2026
Rahul Thakur Alias Rahul Kumar --Applicant Versus State Of Uttarakhand --Respondent
Hon'ble Rakesh Thapliyal, J.
1. Mr. Anchit Khokher, learned counsel for the applicant. 2. Mr. B.C. Joshi, learned AGA for the State. 3. Ms. Radha Arya, learned counsel for the respondent no. 1. 4. The instant petition under Section 528 of BNSS, 2023 has been preferred by the applicants – Rahul Thakur @ Rahul Kumar, son of Shayam Thakur, Shyam Prajapati @ Shayam Thakur, son of Ram Chandra and Geeta Prajapati @ Geeta Devi wife of Shayam Thakur. 5. Applicant nos. 2 and 3 are parents of applicant no. 1. Respondent no. 2 married with applicant no. 1 but due to some matrimonial discord, respondent no. 2 lodged the FIR on 22.11.2023 at Police Station – Ram Nagar, District Nainital wherein charge sheet has been filed and applicants have been summoned to face the trial for the offences punishable under Section 498-A, 353, 504 IPC and under Section 3 / 4 of the Dowry Prohibition Act in Criminal Case No. 217 of 2025 (State Vs. Rahul and others) pending in the court of ACJM, Ram Nagar, District – Nainital. 6. The instant petition has been filed along with compounding application with the affidavit of applicants and respondent no. 2. 7. Applicants and respondent no. 2 are present in the Court and they are duly identified by their respective counsel. 8. It is contended in the compounding application that applicant no. 1 married with
UKHC010114482026
2026:UHC:5543 respondent no. 2 on 04.02.2022 but due to some matrimonial discord, they are living separately since February, 2023 and now, family of both the parties have decided that applicant no. 1 and 2 may get permanent separation by filing divorce petition seeking divorce by way of mutual consent and applicant no. 1 will pay Rs. 3,00,000/- towards permanent alimony during divorce proceedings. 9. Since now, both the parties have decided to get divorce by way of mutual consent, therefore, the instant petition is finally disposed of by allowing compounding application and the entire proceedings of Criminal Case No. 217 of 2025 (State Vs. Rahul and others) pending in the court of ACJM, Ram Nagar, District – Nainital, arising out of FIR No. 504 of 2023 is hereby quashed. 10.
Both the parties are directed to file divorce petition by way of mutual consent within 15 days before the concerned Family Court and on the date of filing of the divorce petition, applicant no. 1 shall pay Rs. 1,50,000/- to the respondent no. 2 and concerned Family Court is directed to decide the divorce petition within next 15 days and while granting divorce by way of mutual consent the concerned Family Court shall ensure that on the date when divorce decree is passed, the applicant no. 1 shall pay rest of the amount of Rs. 1,50,000/- to the respondent no. 2. (Rakesh Thapliyal, J.) 08.07.2026 SKS