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2026 DAILYLAW 8306 (UTT)

RAKESH NAGAR AND ORS v. STATE OF UTTARAKHAND

C528/1501/2026 · 2026-07-17

Rakesh Thapliyal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS UKHC010121642026 2026:UHC:5964 UKHC010121642026 C528/1501/2026 Rakesh Nagar & Ors --Applicants Versus State of Uttarakhand & others --Respondents Hon’ble Rakesh Thapliyal, J. Mr. Akshay Pradhan, learned counsel for the applicants. 2. Mr. Sandeep Sharma, learned AGA, for the State of Uttarakhand/1. 3. Ms. Gulshajar, learned counsel holding brief of Mr. Shashank Pandey, learned counsel for the respondent nos.2 and 3. 4. The present petition has been moved by the applicants – Rakesh Nagar, Vimla Devi, Rashmi Nagar and Sonam, along with the compounding application (IA No.1/2026) for quashing of the entire proceedings of the Criminal Case No.302 of 2023, “State Vs. Rakesh Nagar and others”, arising out of an FIR dated 15.04.2022 bearing FIR No.0183 of 2022, wherein, the present applicants have been summoned to face the trial for the offences punishable under Sections 147, 323 and 504 of IPC, pending in the court of Additional Civil Judge (Junior Division)/ Judicial Magistrate, Rishikesh, District Dehradun. 5. The compounding application is supported with the affidavit of all the applicants and the respondent nos.2 and 3. The applicant nos.3 and 4 are sisters and application nos.1 and 2 are their parents. The applicant no.3, married with the respondent no.2 – Shri Devvrit Arya, in the year 2019. The respondent no.3, is the sister of informant/respondent no.2. 6. All the applicants and the respondent nos.2 and 3 join the proceedings through VC and are identified by their counsels. 7. In the compounding application, it is contended that the dispute arises due to the matrimonial discord in between the applicant no.3 and the respondent no.2, who were married in the year 2019 and from their marriage there is one male child. Now, in the compounding application, it is contended that the parties have settled their matrimonial discord to seek divorce by way of mutual consent, and it has been apprised that Rs.15.00 lacs has been fixed to be paid by the husband to the wife towards permanent alimony in order to look after the child, and due to this settlement, divorce petition was filed and also decreed on 10.12.2025. 8. It is submitted that now since the parties have settled their matrimonial dispute by way of a divorce, therefore, the initiation of the present proceedings is completely a futile exercise. The complainant, also does not want to pursue the impugned proceedings, and submits that due to the settlement arrived at between the parties, the proceedings be dropped. 9. On the other side, learned AGA also submits that since the dispute arising out of matrimonial discord in between applicant no.3 and respondent no.2, has now been resolved, therefore, the continuation of the proceedings is completely a futile exercise. 10. In such view of the matter, when the parties have settled their dispute, this Court is of the view that there is no useful purpose to continue with the proceedings of the aforesaid criminal case. Accordingly the instant C528 application as well as the compounding application are allowed, and the entire proceeding of Criminal Case No.302 of 2023, “State Vs. Rakesh Nagar and others”, arising out of an FIR dated 15.04.2022 bearing FIR No.0183 of 2022, pending in the court of Additional Civil Judge (Junior Division)/ Judicial Magistrate, Rishikesh, District Dehradun, is also hereby quashed. (Rakesh Thapliyal, J.) 17.07.2026 Nitesh/