Research › Search › Judgment

High Court of Uttarakhand · body

2026 DAILYLAW 8319 (UTT)

VANDANA BISHWAS v. STATE OF UTTARAKHAND

C528/1533/2026 · 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 UKHC010123812026 2026:UHC:5982 UKHC010123812026 C528/1533/2026 Vandana Bishwas --Applicant Versus State of Uttarakhand & another --Respondent Hon’ble Rakesh Thapliyal, J. Mr. Rajat Mittal, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned AGA, for the State of Uttarakhand/1. 3. Mr. Ajay Joshi, learned counsel for the respondent no.2. 4. The instant petition has been moved by the applicant – Vandana Bishwas D/o Ashok Bishwas, under Section 528 of BNSS, 2023 for quashing of the entire proceedings of the Criminal Case No.92 of 2025, “State Vs. Vandana Vishwas” pending in the court of 3rd Civil Judge (S.D.)/Additional Chief Judicial Magistrate, Rishikesh, District Dehradun arising out of Case Crime No.0458 of 2023, wherein, the present applicant has been summoned to face the trial for the offences punishable under Section 67 of Information Technology Act, 2000. 5. The petition is filed along with compounding application (IA No.1/2026) with the affidavit of the applicant and the respondent no.2. Both are present in Court and are duly identified by their respective counsels. In the compounding application, it is contended that the present applicant is the wife of brother of the respondent no.2, and there is some matrimonial discord in between both of them. Subsequently, they have settled their dispute by getting divorce by way of mutual consent, which they already filed, which is pending for consideration. It is contended that the present proceedings is also arising due to the matrimonial discord in between the applicant and her husband which now they have settled, therefore, the proceedings be dropped. 6. Respondent No.2 is present in Court and submits that since the matrimonial discord in between the applicant and her husband has now been resolved to get divorce by way of mutual consent, therefore, she is not interested to proceed with the proceedings. 7. Learned AGA submits that since now the dispute arising out of the matrimonial discord and the parties have resolved their dispute, therefore, the continuation of the proceedings is completely a futile exercise. 8. After hearing the submissions of the learned counsel for the parties and taking into consideration the grounds as taken in the compounding application, this Court is of the view that since the parties have settled their dispute, which was arising out of the matrimonial discord in between the applicant and her husband which has now been settled to get divorce by way of mutual consent, which are pending for consideration, there is no useful purpose to continue the proceedings. 9. In such view of the matter, the instant C528 application as well as the compounding application are allowed, and the entire proceeding of Criminal Case No.92 of 2025, “State Vs. Vandana Vishwas” pending in the court of 3rd Civil Judge (S.D.)/Additional Chief Judicial Magistrate, Rishikesh, District Dehradun arising out of Case Crime No.0458 of 2023, is hereby quashed. (Rakesh Thapliyal, J.) 17.07.2026 Nitesh/