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2026 DAILYLAW 8407 (UTT)

DEVENDER KUMAR v. STATE OF UTTARAKHAND

WPCRL/426/2026 · 2026-07-20

Alok Mahra

body2026

Judgment text

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UKHC010035272026 2026:UHC:6099 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL/426/2026 Devender Kumar and Others --Petitioners Versus State Of Uttarakhand and Others --Respondents Hon'ble Alok Mahra, J. Ms. Pushpa Joshi, learned Senior Advocate for the petitioners through video conferencing. Mr. S.S. Chauhan, learned Deputy Advocate General assisted by Mr. Vikash Uniyal, learned Brief Holder for the State of Uttarakhand. Mr. Suryakant Maithani, learned counsel holding brief of Mr. Shubhang Dobhal, learned counsel for respondent no. 3. 2. The petitioners have filed the present Criminal Writ Petition seeking the following reliefs: "(i) To issue a writ, order or direction in the nature of certiorari quashing the First Information Report dated 16.02.2026, registered as Case Crime No. 0072 of 2026, under Sections 115(2), 352 and 85 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, at Police Station Raipur, District Dehradun. (ii) To issue a writ, order or direction in the nature of mandamus directing respondent no. 2 not to arrest the petitioners in connection with the aforesaid F.I.R./Case Crime No. 0072 of 2026." 3. Learned counsel for the petitioners submits that petitioner no. 1 and respondent no. 3 were husband and wife. After registration of the impugned F.I.R., petitioner no. 1 and respondent no. 3 jointly filed a petition under Section 27 of the Uniform Civil Code, Uttarakhand, seeking dissolution of their marriage by mutual consent. The said petition has been allowed, and a divorce UKHC010035272026 2026:UHC:6099 by mutual consent was granted on 18.05.2026. 4. Learned counsel for the petitioners further submits that, in the affidavits filed along with the petition under Section 27 of the Uniform Civil Code, Uttarakhand, both petitioner no. 1 and respondent no. 3 categorically agreed to withdraw all civil and criminal proceedings instituted against each other. It is submitted that, in view of the amicable settlement arrived at between the parties and the divorce by mutual consent dated 18.05.2026, continuation of the impugned criminal proceedings would serve no fruitful purpose. 5. This Court is satisfied that the settlement has been arrived at voluntarily, without any coercion, undue influence or pressure, and out of the free will of the parties. 6. Having heard learned counsel for the parties and upon perusal of the material available on record, this Court finds that the matrimonial dispute between petitioner no. 1 and respondent no. 3 has been amicably resolved. The marriage between the parties has already been dissolved by a decree of divorce by mutual consent. Continuation of the criminal proceedings would serve no useful purpose and would amount to an abuse of the process of law. 7. Accordingly, the present Criminal Writ Petition is allowed. The First Information Report dated 16.02.2026, registered as Case Crime No. 0072 of 2026, under Sections 115(2), 352 and 85 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, at Police Station Raipur, District Dehradun, is hereby quashed. 8. Pending applications, if any, shall also stand disposed of. (Alok Mahra, J.) 20-07-2026 SB SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b0 9c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9B ED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2026.07.20 18:49:45 +05'30'