Supreme Court – Daily Orders
Sunil Naudiyal vs The State Of Uttarakhand on 22 August, 2025
Author: Surya Kant
Bench: Surya Kant
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No.3693 OF 2025
(Arising out of SLP (Crl.) No 12734/2025 @ D.No.27936/2023)
SUNIL NAUDIYAL … APPELLANT
Versus
THE STATE OF UTTARAKHAND & ANR. … RESPONDENTS
O R D E R
1. Delay condoned.
2. Leave granted.
3. The instant appeal, by way of special leave, was initially
filed challenging the order dated 14.02.2023, passed by the High
Court of Uttarakhand at Nainital, whereby the appellant’s petition
under Section 482 Cr.P.C., seeking quashing of FIR No.237/2016,
alleging commission of offence under Sections 498A, 323, 313, 494
and 504 IPC, pursuant to which Chargesheet No.53/2017, dated
21.03.2017, was filed in the Court of Chief Judicial Magistrate,
Dehradun and Criminal Case No. 1400/2017 was registered, followed
by a Summoning Order dated 10.04.2017, has been dismissed.
4. The allegations in the FIR were that the appellant solemnized
his first marriage with respondent No.2 (Archana Naudiyal) during
the subsistence of a first marriage, although divorce proceedings
Signature Not Verified
Digitally signed by
SATISH KUMAR YADAV
Date: 2025.08.25
16:37:17 IST
in
Reason:
relation thereto were pending before the court of law.
Respondent No.2, thereafter, lodged the subject FIR alleging that
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she was not aware of the appellant’s first marriage. There were
other allegations regarding demand of dowry and subjecting her to
physical and mental harassment by the appellant and his family
members. Subsequently, she also obtained a decree dated 20.07.2019
annulling her marriage with appellant (appellant’s second
marriage). Respondent No.2, however, lodged the subject FIR
alleging that she was not aware of the appellant’s first marriage.
There were other allegations regarding demand of dowry and
subjecting her to physical and mental harassment by the appellant
and his family members.
5. As noticed at the outset, after registration of the
subject FIR, the matter was investigated, the chargesheet was
filed, and the Chief Judicial Magistrate, Dehradun summoned the
appellant to face the trial. Thereupon, the appellant filed a
petition under Section 482 Cr.P.C. seeking quashing of all the
proceedings, but the same has been dismissed by the High Court vide
the impugned order.
6. When the matter came up for hearing before this Court on
10.11.2023, the trial proceedings pursuant to Criminal Case
No.1400/2017, pending before the Chief Judicial Magistrate,
Dehradun was stayed, subject to the appellant depositing a sum of
Rs.50,000/- with the Registry of this Court within two weeks
towards litigation expenses payable to respondent No.2. Our
objective behind that order was to facilitate respondent No.2 to
appear before this Court and, thereafter, make an effort for an
amicable resolution of the matrimonial dispute. An order to this
effect was subsequently passed on 19.01.2024.
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7. The parties have now moved an application bearing
Crl.M.A. No.174226/2025 seeking permission to place on record
Settlement Deed dated 08.07.2025 and consequently to quash FIR No.
237/2016 as well as the subsequent proceedings, including the
chargesheet filed and summoning of the appellant.
8. Today, the parties are present in person in Court. We
have verified the genuineness of the settlement. Respondent No.2 –
wife has candidly acknowledged the settlement arrived at between
the parties as per their free will and consent.
9. The Settlement Deed dated 08.07.2025 (Annexure A-1)
reveals that the parties have agreed:
(i) that their marriage has already been declared null
and void by the Family Court, Dehradun Uttarakhand on
20.07.2019, and that such declaration is valid;
(ii) the appellant (Sunil Naudiyal) shall pay a total sum
of Rs.32.5 lakhs to respondent No.2 (Archana Naudiyal) in two
instalments towards full and final settlement for maintenance
and permanent alimony for past, present and future;
(iii) the first instalment of Rs.12.5 lakhs shall be
payable on 19.08.2025, and the second instalment of the
remainder amount shall be paid when FIR No. 237/2016 and all
consequential proceedings are quashed;
(iv) the parties shall cooperate with
withdrawing/quashing all other pending civil and criminal
cases filed against the appellant, respondent No.2, or their
family members.
10. It is acknowledged by respondent No.2 that a sum of
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Rs.12.5 lakhs was paid by the appellant on 19.08.2025, before the
Family Court No.1, South-West Dwarka, New Delhi. The balance
amount of Rs.20 lakhs (Rupees Twenty Lakhs) has been paid by the
appellant by way of Demand Draft No.742782, dated 31.07.2025, drawn
on Kotak Mahindra Bank, which has been handed over to respondent
No.2 (Archana Naudiyal) in person, today, in the Court.
11. In terms of Clause 6 of the Settlement Deed, respondent
No.2 has already withdrawn the Suit for Recovery, which was pending
before the Family Court, Dwarka Courts, New Delhi.
12. We are conscious of the fact that one of the offences
alleged to have been committed by the appellant is under Section
376 IPC, and ordinarily, this Court would not be inclined to use
its discretionary power to quash an FIR based upon the settlement.
However, having regard to the fact that the parties had solemnized
their marriage (though it has been declared null and void) and they
started living together in assumed matrimony, it seems to us that
it will be in the interest of the parties that the settlement is
acknowledged and all pending cases between them are closed. This
would pave ways for the parties to look forward and settle down in
their life.
13. Consequently, we deem it appropriate to invoke our powers
under Article 142 of the Constitution and quash FIR No. 237/2016,
registered at Police Station Nehru Colony, Sadar, Dehradun, under
Sections 498A, 323, 313, 494, and 504 IPC (as well as other
provisions added later), and quash all the proceedings arising
therefrom, including the chargesheet and the summoning order,
against the appellant as well as the family members. Ordered
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accordingly.
14. Similarly, all the pending cases between the parties of
any nature shall be deemed to have been disposed of and the court
concerned will pass a formal order on production of a copy of this
order.
15. The decree dated 20.07.2019, declaring the marriage
between the parties null and void, passed by the Family Court,
Dehradun is recognised.
16. Consequently, the Quashing Petitions bearing C482
Nos.1299/2017, titled as “Hemlata Naudiyal & Ors. vs. State of
Uttarakhand & Anr.” and C482 No.1451 of 2017, titled as “Anil
Naudiyal & Ors. vs. State of Uttarakhand & Anr.” pending before the
High Court of Uttarakhand at Nainital are also disposed of as
having become infructuous.
17. The appeal stands disposed of in the above terms.
18. As a result, the pending interlocutory applications also
stand disposed of.
.........................J.
(SURYA KANT)
..............…….........J.
(JOYMALYA BAGCHI)
NEW DELHI;
AUGUST 22, 2025.
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ITEM NO.20 COURT NO.2 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL) ………………..Diary No(s).27936/2023
[Arising out of impugned final judgment and order dated 14-02-2023
in CRLMA No.275/2018 passed by the High Court of Uttarakhand at
Nainital]
SUNIL NAUDIYAL Petitioner(s)
VERSUS
THE STATE OF UTTARAKHAND & ANR. Respondent(s)
[MEDIATION REPORT RECEIVED]
IA No. 229551/2023 - CONDONATION OF DELAY IN FILING
IA No. 229552/2023 - CONDONATION OF DELAY IN REFILING/CURING THE
DEFECTS
IA No. 229554/2023 - EXEMPTION FROM FILING O.T.
IA No. 174226/2025 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 178801/2024 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 234382/2023 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
Date : 22-08-2025 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SURYA KANT
HON'BLE MR. JUSTICE JOYMALYA BAGCHI
For Petitioner(s) Mr. Archit Upadhayay, AOR
Mr. Pankaj Kr. Tripathi, Adv.
Ms. Muskan Aggarwal, Adv.
Mr. Piyush Guatam, Adv.
Ms. Lakshita Yadav, Adv.
Ms. Pragya Mishra, Adv.
For Respondent(s) Ms. Vanshaja Shukla, AOR
Ms. Ankeeta Appanna, Adv.
Mr. Vikas Negi, Adv.
Mr. Anirudh Joshi, Adv.
Mr. Arjun Sharma, Adv.
Mr. Mayank Pandey, Adv.
Mr. Sahil Bhardwaj, Adv.
Mr. Umang Shankar, AOR
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UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
Leave granted.
The appeal stands disposed of in terms of the signed
order.
As a result, the pending interlocutory applications also
stand disposed of.
(SATISH KUMAR YADAV) (PREETHI T.C.)
ADDITIONAL REGISTRAR ASSISTANT REGISTRAR
(Signed order is placed on the file)