ROHIT SAINI vs STATE OF UTTARAKHAND

UKHC010173672026

2026:UHC:9433
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures

SL.
Date
No.

COURT’S OR JUDGE’S ORDERS

C528/2116/2026


Rohit Saini
--Applicant

Versus
State Of Uttarakhand
--Respondent

Hon’ble Alok Mahra, J.
Mr. Aditya Garg and Mr. Yash
Bisht, learned counsel for the applicant.
2. Ms. Pushpa Bhatt, learned Addl.
Advocate General along with Mr. Pradeep
Lohani, learned A.G.A. along with Mr.
Nikhil Bisht, learned Brief Holder for the
State.
3. Mr. Rajat Mittal, learned counsel for
respondent no.2.
4. Present C-528 application has been
filed seeking quashing of the charge-
sheet, cognizance/summoning order
dated 17.07.2017 as well as the entire
criminal proceedings of Criminal Case
No. 3443 of 2017 (Case Crime No.39 of
2016) under Sections 498-A, 323 and
504 I.P.C. and Section 3/4 of Dowry
th
Prohibition Act passed by learned 5
Additional Civil Judge (Senior Division),
Dehradun as well as the all
consequential proceedings pending
arising therefrom pursuant to the
aforesaid criminal case.

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5. Learned counsel for the applicant
would submit that the present matter
arises out of matrimonial discord
between the applicant and respondent
no. 2, who are husband and wife. Their
marriage was solemnized on 22.02.2015;
that, however, owing to incompatibility
between the parties, the applicant
relocated to Dubai, and matrimonial
differences arose between them, as a
result of which respondent no. 2 has
been residing separately with her
parents since September, 2015.
6. Learned counsel for the applicant
would further submit that respondent
no. 2 lodged an F.I.R. against the
applicant, alleging cruelty and
harassment in connection with the
demand for dowry; that, upon
completion of the investigation, the
Investigating Officer submitted a charge-
sheet against the applicant, whereupon
the learned trial court took cognizance of
the offences and the criminal
proceedings were initiated against him.
7. Learned counsel for the applicant
would further submit that, during the
pendency of the matrimonial dispute,
respondent no. 2 instituted proceedings
under Section 13-B of the Hindu
Marriage Act, 1955, before the learned
Family Court, Dehradun, being O.S. No.
434 of 2017, and the marriage between
the parties was dissolved by a decree of
divorce vide judgment dated 23.06.2023.
He would further submit that the parties

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have now amicably resolved their
disputes and differences and have
arrived at a full and final settlement. In
view of the said settlement, respondent
no. 2 is no longer interested in pursuing
the present criminal proceedings against
the applicant.
8. The applicant and respondent no. 2
are present before this Court through
video conferencing and have been duly
identified by their respective learned
counsel. Upon interaction with
respondent no. 2, she submits that, in
view of the decree of divorce dated
23.06.2023 and the amicable settlement
arrived at between the parties, she does
not wish to pursue the present criminal
proceedings against the applicant and
has no objection if the proceedings in
question are quashed.
9. Having heard learned counsel for
the parties and upon perusal of the
material available on record, this Court
finds that the dispute arises out of
matrimonial discord between the parties,
whose marriage has already been
dissolved by a decree of divorce. It is
further evident that the parties have
amicably settled their disputes and
respondent no. 2, being the complainant,
has expressed her unequivocal
willingness not to pursue the criminal
proceedings any further.
10. In the facts and circumstances of
the present case, and having regard to
the nature of the dispute, the settlement

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2026:UHC:9433
arrived at between the parties and the
stand taken by respondent no. 2, this
Court is of the view that the continuation
of the criminal proceedings would serve
no useful purpose and may
unnecessarily prolong the dispute
between the parties. Accordingly, to
secure the ends of justice and prevent
abuse of the process of the Court, this
Court considers it a fit case to exercise
its inherent jurisdiction under Section
528 of the B.N.S.S. subject to the
applicability of the said provision to the
pending proceedings.
11. Consequently, the present C-528
application is allowed. The charge-sheet,
cognizance/summoning order dated
17.07.2017 and the entire proceedings of
Criminal Case No. 3443 of 2017, arising
out of Case Crime No. 39 of 2016,
pending before the learned 5th
Additional Civil Judge (Senior Division),
Dehradun, along with all consequential
proceedings arising therefrom, are
hereby quashed.
12. The present C-528 application is,
accordingly, allowed.
13. Pending applications, if any, also
stand disposed of.





(Alok Mahra, J.)
15.10.2026

Mamta


MAMTA
RANI
Digitally signed by MAMTA RANI
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH
COURT OF UTTARAKHAND,
2.5.4.20=6a812005bebfcf46f244f3e584af1449e430ef900b
f09a6d67ebbd642671329b, postalCode=263001,
st=Uttarakhand,
serialNumber=5de1751a4f1d9cabfd54852c9e68911ca8b6
6dd26690a191648ab5d8dd004ef0, cn=MAMTA RANI
Date: 2026.10.16 16:40:14 +05'30'