Uttarakhand High Court
C528/793/2026 on 23 April, 2026
Office Notes,
reports, orders or
proceedings or
No Date COURT'S OR JUDGES'S ORDERS
directions and
Registrar's order
with Signatures
C-528 No. 793 of 2026
Hon'ble Alok Mahra, J.
Mr. G.C. Lakchaura, learned counsel for
the applicant.
2. Mr. S.C. Dumka, learned A.G.A. for the
State.
3. In this case, applicant no. 1 is husband
of respondent no. 2, while applicant nos. 2
and 3 are mother-in-law and father-in-law of
respondent no. 2 respectively.
4. FIR was lodged by respondent no. 2 on
04.02.2023 under Sections 323, 498-A, 504
and 506 of IPC and 3/4 of Dowry Prohibition
Act. After investigation, chargesheet was filed
on 30.07.2023. In the meantime, applicant
no. 1 have also filed an application under
Section 9 of the Hindu Marriage Act on
21.09.2022 and during pendency of that
application, a compromise was entered into
between applicant no. 1 and respondent no. 2
on 04.11.2023, wherein, it was agreed
between the parties that respondent no. 2
would return to her matrimonial house and all
the cases filed by any of the parties shall be
withdrawn. Thereafter, respondent no. 2 lived
in her matrimonial house till 08.05.2024 and
thereafter she left her matrimonial house on
her sweet will. Though, the FIR in question
was lodged by her on 04.02.2023, but, she
backed away from the agreement and the
undertaking recorded by her before the court
concerned.
5. Thus, this Court finds some substance in
the submission made by learned counsel for
the applicants and having heard the
submission, under the facts and
circumstances of the case, this Court is of the
view that this matter definitely requires
deliberation.
6. Issue notice to respondent no. 2,
returnable within three weeks. Steps to be
taken within a week.
7. List after service report is received.
8. In the meantime, counter-affidavit(s), if
any, be filed by the respondents.
9. After perusing the records and having
heard learned counsel for the parties, this
Court, prima facie, is of the opinion and is
satisfied that in the interest of justice, further
proceedings of Criminal Case No. 396 of 2024,
under Sections 323, 498-A, 504 and 506 of
IPC and 3/4 of Dowry Prohibition Act, pending
in the court of learned Civil Judge/Judicial
Magistrate, Sitarganj, District Udham Singh
Nagar, shall remain stayed qua the applicant
till the next date of listing.
(Alok Mahra J.)
23.04.2026
Ujjwal
