Uttarakhand High Court
Ukhc010120702026 vs State Of Uttarakhand on 14 July, 2026
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
UKHC010120702026
2026:UHC:5762
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
C528/1491/2026
With
IA 2/2026 (For Compounding Application)
Mukesh Thapa
--Applicant
Versus
State Of Uttarakhand
--Respondent
Hon'ble Rakesh Thapliyal, J.
1. Mr. Jitendra Chaudhary, learned counsel for
the applicant.
2. Mr. Himanshu Sain, learned A.G.A. for the
State.
3. Mr. Navneet Singh, learned counsel for the
respondent.
4. The instant petition is preferred by the
applicant ‘Mukesh Thapa’ along with the
compounding application for quashing of the
entire proceeding of Criminal Case No. 108 of 2021
‘State vs. Mukesh Thapa‘, wherein, the present
applicant has been summoned to face the trial for
the offences punishable under sections 323, 504,
498-A of IPC r/w section ¾ of D.P. Act. The said
proceeding is pending in the court of Second
Additional Chief Judicial Magistrate, Dehradun,
arising out of First Information Report dated
01.02.2020 bearing FIR No. 0020 of 2020 P.S. Cantt.
District Dehradun.
5. Both the parties joined the proceeding
through V.C. and identified by their respective
counsel. The compounding application is
supported with the affidavit of the applicant and
the respondent/complainant. Both the parties
married in the year 2014 and from this marriage
one female child was born who is living with the
respondent/wife.
6. It is contended in the compounding
application that the dispute infact is matrimonial
UKHC010120702026
2026:UHC:5762
one, which now they have resolved amicably to
get divorce by way of mutual consent under
section 27 of UCC Act. The copy of divorce
petition is also enclosed as Annexure-7 at page-52.
Both the parties joined the proceeding through
V.C. and submits that the proceeding be closed
since now they have resolved their matrimonial
dispute.
7. Mr. Sain, learned A.G.A. submits that
though certain penal provisions are not
compoundable but the dispute appears to be
matrimonial one, which now the parties have
resolved amicably to get permanent separation by
way seeking divorce which they have sought by
way of mutual consent, therefore, there is no
useful purpose to continue with the proceeding.
8. After hearing the submissions of learned
counsel for the parties and after gone through
with the averment as made in the compounding
application since both the parties resolved their
matrimonial dispute and already field the divorce
petition to seek divorce by way of mutual consent,
this court is of the view that there is no useful
purpose to continue the proceeding of Criminal
Case No. 108 of 2021.
9. In such view of the matter, the instant
petition preferred under section 528 of BNSS,
2023, as well as the compounding application are
allowed and the entire proceeding of Criminal
Case No. 108 of 2021 ‘State vs. Mukesh Thapa’
pending in the court of Second Additional Chief
Judicial Magistrate, Dehradun, District Dehradun,
is hereby quashed.
(Rakesh Thapliyal, J.)
14.07.2026
PR
UKHC010120702026
2026:UHC:5762
