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2026 DAILYLAW 9467 (UTT)

VARUN PRATAP SINGH TOMAR v. STATE OF UTTARAKHAND

C528/1839/2026 · 2026-08-20

Rakesh Thapliyal

body2026

Judgment text

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UKHC010147862026 2026:UHC:7518 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528/1839/2026 Varun Pratap Singh Tomar --Applicant Versus State Of Uttarakhand --Respondent Hon'ble Rakesh Thapliyal, J. 1. Mr. Parikshit Saini, learned counsel for the applicant. 2. Ms. Meenakshi Sharma, learned AGA for the State. 3. Ms. Sukhwani Singh, learned counsel for the respondent no. 2. 4. The instant petition is preferred under Section 528 of BNS, 2023 by the present applicant Varun Pratap Singh Tomar, son of Khajan Singh Tomar, along with compounding application with the affidavit of the applicant and respondent no. 2 for the purpose of closing the entire proceedings, since both the parties have settled their dispute amicably and they have decided to take divorce by way of mutual consent. 5. Applicant and respondent no. 2 joined the proceedings through V.C. and they are identified by their respective counsel. 6. On interaction, they apprised to this Court that they have settled their dispute amicably and they will get permanent separation and towards permanent alimony, applicant – husband is ready to pay Rs. 40,00,000/- to the respondent no. 2 – wife, which she is also admits. 7. It is contended in the compounding application that applicant married with respondent no. 2 in the year 2018 and from this marriage there is no child and they have settled their dispute and they have decided that they will get permanent separation by filing divorce UKHC010147862026 2026:UHC:7518 petition for getting divorce by way of mutual consent after closing all pending proceedings and present one is the last proceeding. 8. It is further contended that since they have resolved their dispute amicably, therefore, the proceeding under challenged be closed. 9. On the other side, learned State Counsel submits that dispute in between the parties appears to be matrimonial one and now, since parties have settled their dispute amicably, therefore, there is no useful purpose to continue with the trial. 10. After hearing the learned counsel for the parties and taking into consideration that both the parties have resolved their dispute amicably and decided to get divorce by way of mutual consent and towards permanent alimony, both are ready for Rs. 40,00,000/-, this Court is of the view that there is no useful purpose to continue with the trial court proceeding. Accordingly, compounding application i.e I.A. No. 1 of 2026 as well as instant C528 petition are allowed. 11. Consequently, entire proceedings of Criminal Case No. 4543 of 2024 (State Vs. Varun Pratap Singh Tomar) pending in the court of Judicial Magistrate – I, Dehradun, arising out of FIR No. 179 of 2023, Police Station – Vasant Vihar, District – Dehradun, is hereby quashed. (Rakesh Thapliyal, J.) 20.08.2026 SKS