AMAN KUMAR AND ORS vs STATE OF UTTARAKHAND

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2026:UHC:7993
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures

SL.
Date
No.

COURT’S OR JUDGE’S ORDERS

WPCRL/1753/2026


Aman Kumar And Ors
--Petitioner

Versus
State Of Uttarakhand
--Respondent


Hon'ble Alok Mahra, J.
Mr. D.N. Sharma, learned counsel
for the petitioners.
2. Mr. V.S. Pal, learned A.G.A. along
with Mr. Nikhil Bisht, learned Brief
Holder for the State.
3. Ms. Manju Bahuguna, learned
counsel for respondent no.3.
4. By means of the present criminal
writ petition filed under Article 226 of
the Constitution of India, the petitioners
seek issuance of a writ, order or
direction in the nature of certiorari for
quashing the Case Crime/F.I.R. No.
0004 of 2026 registered under Sections
115(2), 352 and 85 of the B.N.S. and 3/4
of Dowry Prohibition Act, 1961 at Police
Station Gadarpur, District Udham Singh
Nagar, along with all consequential
proceedings arising therefrom on the
basis of compromise arrived at between
the parties.
5. Learned counsel appearing for the
petitioners would submit that petitioner
no.1 is the husband of respondent no.3;
petitioner nos.2 and 3 are her father-in-
law and mother-in-law, respectively;
petitioner no.4 is her unmarried sister-
in-law; and petitioner no.5 is her married

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sister-in-law. It is submitted that the
marriage between petitioner no.1 and
respondent no.3 was solemnized on
14.06.2024 in accordance with Hindu
rites and rituals; that, however, owing to
certain matrimonial differences and
disputes that subsequently arose
between the parties, respondent no.3
lodged the impugned complaint/F.I.R.
against the petitioners.
6. Learned counsel for the petitioners
would further submit that the disputes
between the parties have now been
amicably resolved and settled; that,
petitioner no.1 and respondent no.3 have
mutually agreed to dissolve their
marriage and have jointly instituted a
petition for dissolution of marriage under
Section 27 of the Uniform Civil Code,
Uttarakhand, on 14.07.2026; that, the
parties have amicably settled all their
financial and other claims, pursuant to
which petitioner no.1 has agreed to pay,
and respondent no.3 has agreed to
receive, a sum of ₹ 15,00,000/- towards
full and final settlement; that, the parties
have also mutually resolved the issue
relating to the custody of their minor
child and have agreed that neither party
shall raise any further claim against the
other in future.
7. It is further submitted that a
Compounding Application, being I.A. No.
1 of 2026, duly supported by separate
affidavits sworn by the petitioners as well
as respondent no.3, has been filed before
this Court; that, in the said application
and the accompanying affidavits, the
parties have categorically stated that
they have voluntarily and amicably
resolved all their disputes and
differences without any coercion,

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pressure, undue influence or
inducement; that, the parties have
further expressed their desire not to
pursue the criminal proceedings any
further and have prayed that the
impugned F.I.R. and all consequential
proceedings arising therefrom be brought
to an end in view of the amicable
settlement arrived at between them.
8. Learned State Counsel vehemently
opposes the Compounding Application.
However, he does not dispute the factual
position regarding the filing of the
compromise/Compounding Application
and the affidavits filed by the parties in
support thereof.
9. Learned counsel appearing on
behalf of respondent no.3 fairly submits
that the matrimonial dispute between
the parties has been amicably resolved.
He does not dispute the submissions
advanced on behalf of the petitioners and
submits that respondent no.3 has no
objection if the impugned F.I.R. and all
consequential proceedings arising
therefrom are quashed in view of the
amicable settlement arrived at between
the parties and the steps taken by
petitioner no.1 and respondent no.3 for
dissolution of their marriage by mutual
consent.
10. On the previous date of hearing, the
parties appeared in person before this
Court. Upon their request, they were
permitted to appear through Video
Conferencing on the next date of hearing.
In compliance thereof, today the
petitioners and respondent no.3 have
appeared before this Court through
Video Conferencing and have been duly
identified by their respective learned
counsel. Upon interaction with

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respondent no.3, she has categorically
stated before this Court that the
matrimonial dispute between the parties
has been amicably settled and resolved.
She has further stated that she has
received the agreed settlement amount
and her stridhan from the petitioners in
accordance with the settlement arrived
at between the parties. Respondent no.3
has unequivocally stated that she has no
objection if the impugned F.I.R. and all
consequential proceedings arising
therefrom are quashed. She has further
affirmed that the compromise has been
entered into voluntarily, of her own free
will and volition, and without any
coercion, pressure, inducement or undue
influence.
11. Having heard learned counsel for
the parties, perused the material
available on record and considered the
Compounding Application, being I.A. No.
1 of 2026, along with the affidavits filed
in support thereof, this Court is satisfied
that the parties have voluntarily and
amicably settled all their inter se
matrimonial disputes. It is not disputed
that petitioner no.1 and respondent no.3
have mutually agreed to dissolve their
marriage and have jointly instituted
appropriate proceedings under Section
27 of the Uniform Civil Code,
Uttarakhand. It is also evident from the
statement of respondent no.3 made
before this Court that she has received
the agreed settlement amount as well as
her stridhan and that all claims and
disputes between the parties have been
settled. Respondent no.3 has
categorically expressed her no objection
to the quashing of the impugned F.I.R.
and all consequential proceedings arising

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therefrom.
12. The Hon'ble Supreme Court, in
Gian Singh v. State of Punjab
, (2012) 10
SCC 303; Narinder Singh v. State of
Punjab , (2014) 6 SCC 466; and State of
Madhya Pradesh v. Laxmi Narayan ,
(2019) 5 SCC 688, has authoritatively
laid down that the High Court, in
exercise of its jurisdiction under Article
226 of the Constitution of India and/or
its inherent powers to secure the ends of
justice and to prevent abuse of the
process of any Court, may quash
criminal proceedings arising out of
disputes which are predominantly
private, personal or matrimonial in
nature, where the parties have
voluntarily and genuinely settled their
differences. However, such power is
required to be exercised with due regard
to the nature and gravity of the offence,
and ordinarily ought not to be exercised
in respect of heinous and serious
offences having a grave impact upon
society at large.
13. In the facts and circumstances of
the present case, having regard to the
nature of the allegations contained in the
impugned F.I.R., the predominantly
matrimonial and personal nature of the
dispute, the voluntary settlement arrived
at between the parties, and the
categorical statement made by
respondent no.3 before this Court
affirming the compromise and expressing
her no objection to the quashing of the
criminal proceedings, this Court is of the
considered opinion that no useful
purpose would be served by permitting
the criminal proceedings to continue.
14. The compromise appears to be
genuine, voluntary and bona fide and

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has been entered into by the parties
without any coercion, pressure,
inducement or undue influence. In view
of the complete settlement of all inter se
disputes, including the settlement of
financial claims and return of stridhan ,
and having regard to the fact that the
parties have taken steps for dissolution
of their marriage by mutual consent, the
possibility of the criminal proceedings
ultimately serving any fruitful purpose
appears to be remote. Continuation of
such proceedings, in the peculiar facts
and circumstances of the present case,
would therefore amount to an
unnecessary continuation of litigation
and an abuse of the process of law.
Accordingly, in order to secure the ends
of justice, this Court considers it
appropriate to exercise its extraordinary
jurisdiction for bringing the criminal
proceedings to an end.
15. Accordingly, the Compounding
Application (I.A. No. 1 of 2026) stands
allowed. Consequently, the First
Information Report being Case
Crime/F.I.R. No. 0004 of 2026 dated,
registered at Police Station Gadarpur,
District Udham Singh Nagar, along with
all consequential proceedings arising
therefrom, is hereby quashed.
16. The writ petition is, accordingly,
allowed.
17. Pending applications, if any, also
stand disposed of accordingly.



MAMTA
RANI
(Alok Mahra, J.)

07.09.2026

Mamta


Digitally signed by MAMTA RANI
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=6a812005bebfcf46f244f3e584af1449e430
ef900bf09a6d67ebbd642671329b,
postalCode=263001, st=Uttarakhand,
serialNumber=5de1751a4f1d9cabfd54852c9e6891
1ca8b66dd26690a191648ab5d8dd004ef0,
cn=MAMTA RANI
Date: 2026.09.08 16:28:08 +05'30'