UKHC010120702026 2026:UHC:5762 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528/1491/2026 With IA 2/2026 (For Compounding Application) Mukesh Thapa --Applicant Versus State Of Uttarakhand --Respondent Hon’ble Rakesh Thapliyal, J. 1. Mr. Jitendra Chaudhary, learned counsel for the applicant. 2. Mr. Himanshu Sain, learned A.G.A. for the State. 3. Mr. Navneet Singh, learned counsel for the respondent. 4. The instant petition is preferred by the applicant ‘Mukesh Thapa’ along with the compounding application for quashing of the entire proceeding of Criminal Case No. 108 of 2021 ‘State vs. Mukesh Thapa’, wherein, the present applicant has been summoned to face the trial for the offences punishable under sections 323, 504, 498-A of IPC r/w section ¾ of D.P. Act. The said proceeding is pending in the court of Second Additional Chief Judicial Magistrate, Dehradun, arising out of First Information Report dated 01.02.2020 bearing FIR No. 0020 of 2020 P.S. Cantt. District Dehradun. 5. Both the parties joined the proceeding through V.C. and identified by their respective counsel. The compounding application is supported with the affidavit of the applicant and the respondent/complainant. Both the parties married in the year 2014 and from this marriage one female child was born who is living with the respondent/wife. 6. It is contended in the compounding application that the dispute infact is matrimonial UKHC010120702026 2026:UHC:5762 one, which now they have resolved amicably to get divorce by way of mutual consent under section 27 of UCC Act. The copy of divorce petition is also enclosed as Annexure-7 at page-52. Both the parties joined the proceeding through V.C. and submits that the proceeding be closed since now they have resolved their matrimonial dispute. 7. Mr. Sain, learned A.G.A. submits that though certain penal provisions are not compoundable but the dispute appears to be matrimonial one, which now the parties have resolved amicably to get permanent separation by way seeking divorce which they have sought by way of mutual consent, therefore, there is no useful purpose to continue with the proceeding. 8. After hearing the submissions of learned counsel for the parties and after gone through with the averment as made in the compounding application since both the parties resolved their matrimonial dispute and already field the divorce petition to seek divorce by way of mutual consent, this court is of the view that there is no useful purpose to continue the proceeding of Criminal Case No. 108 of 2021. 9. In such view of the matter, the instant petition preferred under section 528 of BNSS, 2023, as well as the compounding application are allowed and the entire proceeding of Criminal Case No. 108 of 2021 ‘State vs. Mukesh Thapa’ pending in the court of Second Additional Chief Judicial Magistrate, Dehradun, District Dehradun, is hereby quashed. (Rakesh Thapliyal, J.) 14.07.2026 PR UKHC010120702026 2026:UHC:5762