Uttarakhand High Court
C528/198/2025 on 4 July, 2025
2025:UHC:5774
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C-528 No. 198 of 2025
Hon'ble Ashish Naithani, J.
Mr. Niranjan Bhatt, learned counsel for the
Applicant.
2. Mr. Virendra Singh Rawat, learned A.G.A.
assisted by Mr. Rakesh Negi, learned Brief
Holder for the State.
3. Mr. Siddharth Bankoti, learned Legal Aid
Counsel for the Respondent no.2.
4. In the present Application filed under
Section 528 of Bhartiya Nagarik Suraksha
Sanhita, 2023, the Applicant wishes to set-aside
the impugned cognizance and summoning order
dated 28.10.2023 along with entire proceedings
of Criminal Case No.1507 of 2023 (Computer
No.1370 of 2023), titled as “Neelam Verma vs.
Ashish Verma” under Sections 323, 325, 354B,
504 & 506 of IPC, pending in the court of
learned Judicial Magistrate, Kashipur, District
Udham Singh Nagar and order dated 05.10.2024
passed by the First Additional Sessions Judge,
Kashipur, District Udham Singh Nagar in
Criminal Revision No. 143 of 2023 (Computer
Registration No.194 of 2023), titled as “Ashish
Verma vs. Uttarakhand Government & Anr.”
5. Respondent no.2 is present in the Court
2025:UHC:5774
through V.C. By the previous order dated
27.02.2025, the Coordinate Bench had stayed the
proceedings of Criminal Case No.1507 of 2023.
6. This is a case in which the present
Applicant married with respondent no.
2/complainant on 25.11.2017 but some disputes
were arose in between both of them,
consequently, a divorce petition was filed by
respondent no.2/wife and same was decreed on
05.12.2023. This Court also further observed that
since all the proceedings have been initiated
prior to filing of divorce petition, therefore
continuation of this proceeding appears to be
futile exercise.
7. Today, this Court interacted with the
Respondent no.2/wife, who is present in Court
through V.C. and she also submits that this
proceeding may be dropped since divorce decree
has already been passed in her favour on
05.12.2023, however, she submits that some
personal items including one pair of Payal, Gold
Chain and Clothes of Respondent no.2/wife for
which she has emotional attachment are still with
the Applicant and the Applicant be directed to
handover to her.
8. To this, learned counsel for the Applicant
undertakes that he will return back all the items.
He further undertakes that since divorce decree
has already been passed, therefore, the Applicant
2025:UHC:5774
will not make any complaint in future against
respondent no.2/wife.
9. There is no useful purpose to continue the
proceeding since both the parties separated due
to decree of divorce and as such the impugned
proceeding is liable to be quashed.
10. In view of the observations as above, the
instant C-528 application is disposed of finally
and the impugned cognizance and summoning
order dated 28.10.2023 alongwith entire
proceedings of the Criminal Case No.1507 of
2023 (Computer No.1370 of 2023), titled as
“Neelam Verma vs. Ashish Verma” under
Sections 323, 325, 354B, 504 & 506 of IPC,
pending in the court of learned Judicial
Magistrate, Kashipur, District Udham Singh
Nagar and order dated 05.10.2024 passed by the
First Additional Sessions Judge, Kashipur,
District Udham Singh Nagar in Criminal
Revision No. 143 of 2023 (Computer
Registration No.194 of 2023), titled as “Ashish
Verma vs. Uttarakhand Government & Anr.“, are
hereby quashed.
(Ashish Naithani, J.)
04.07.2025
Akash
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