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High Court of Uttarakhand · body

2025 DAILYLAW 10787 (UTT)

MANISH KUMAR v. STATE OF UTTARAKHAND

C528/1546/2025 · 2025-09-13

Daily Lok Adalat

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 13.09.2025 C-528 No. 1546 of 2025 Hon’ble Alok Mahra, J. Mr. Amit Kapri, Advocate for the applicant. Mr. Chitrartha Kandpal and Ms. Rangoli Purohit, learned Brief Holders for the State. Mr. Deep Prakash Bhatt, learned counsel for the complainant. The case is taken up today before the National Lok Adalat. The present criminal misc. application has been filed under Section 528 of BNSS for quashing and setting aside the charge sheet as well as the entire proceedings of Criminal Case No. 146 of 2021 (S.S.T. No. 28 of 2021) under Section 376 of IPC, pending in the court of Judicial Magistrate 1st Class, Gangolihat, District Pithoragarh. An FIR was lodged by respondent no. 2 against the applicant with the averments that, on the pretext of getting married, applicant made physical relations with the complainant/ respondent no. 2. After investigation, chargesheet was filed against the applicant under Section 376 IPC. Admittedly, applicant as well as the complainant were major at the time of alleged incident. Applicant as well as respondent no.2 appeared before the Lok Adalat through video conferencing. They submit that both of them have married with each other on 28.04.2025 and got registered their marriage under U.C.C., Uttarakhand, 2024 with the Sub-Registrar, Registration of Marriage, Pithoragarh on 20.05.2025. They further submit that, out of the wedlock, a child has also born and is about three months old. Respondent no. 2 submits that she has no grievance with the applicant and, due to some misunderstanding, she lodged the FIR and now she is happily residing with the applicant. The terms of the compromise have been recorded in a separate compromise sheet. Though, this Court would normally be hesitant to quash the proceedings under Section 376 of IPC, but, it is noticed that the applicant and the victim got married and they are living happily with their child. This Court cannot shut its eyes to the ground reality and disturb the happy family life of the applicant and the prosecutrix. In these circumstances, in case, the proceedings are allowed to continue, it would amount to denial of complete justice to the parties. Therefore, it is a case, in which the inherent jurisdiction of this Court should be exercised to do real and substantial justice. Accordingly, this criminal misc. application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and the entire proceedings of Criminal Case No. 146 of 2021 (S.S.T. No. 28 of 2021) under Section 376 of IPC, pending in the court of Judicial Magistrate 1st Class, Gangolihat, District Pithoragarh, are hereby quashed. The terms of the compromise, which have been recorded in a separate compromise sheet, shall form part of the order. This order is being passed in the peculiar facts of the case and it should not be treated as precedent. (Alok Mahra, J.) 13.09.2025 Ujjwal