2026:UHC:3630 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS C4 8 2 / 4 1 1 / 2 0 2 3 Hon ’ble Alok Mah r a, J. Ms. Pushpa Joshi, learned senior counsel assisted by Ms. Nipushmola Joshi and Mr. Rohit Kumar, learned counsel for the applicant. 2. Mr. Pratiroop Pande, learned A.G.A. along with Mr. Manoj Bhatt, learned Brief Holder for the State. 3. The present application under Section 482 Cr.P.C. has been filed seeking quashing of the chargesheet, cognizance/summoning order as well as the entire proceedings arising out of F.I.R. No. 513 of 2022 dated 24.07.2022, registered under Sections 376, 313 and 506 I.P.C. at Police Station Patel Nagar, District Dehradun, pending before the court of learned Chief Judicial Magistrate, Dehradun. 4. Learned Senior Counsel appearing for the applicant would submit that respondent no.4/complainant lodged the aforesaid F.I.R. alleging therein that she was in a love relationship with the applicant since the year 2020 and during the subsistence of the said relationship, physical relations were established between them. It is submitted that both the applicant and respondent no.4 remained in a consensual relationship for about four years. Learned Senior Counsel would further submit that respondent no.4 was approximately 28 years of age at the relevant time and was employed in a Government department 2026:UHC:3630 at Dehradun where the applicant was also working. 5. Learned Senior Counsel would further submit that as per the prosecution case itself, respondent no.4 alleged that the applicant established physical relations with her on the false promise of marriage and that she came to know in August, 2021 that the applicant was already married. However, despite having knowledge of the marital status of the applicant, respondent no.4 continued her relationship with him thereafter and both of them travelled together to several places. It is further submitted that respondent no.4 was fully aware about the marital status of the applicant and had even congratulated him on a WhatsApp group upon the birth of his baby girl on 01.09.2021. Thus, it is contended that the allegations of sexual intercourse on false promise of marriage are wholly misconceived and not borne out from the material available on record. 6. Learned Senior Counsel would further submit that in her statements recorded under Sections 161 and 164 Cr.P.C., respondent no.4 herself admitted that she had come to know about the applicant being married and having children as early as September, 2021 and despite such knowledge, she voluntarily continued the relationship with the applicant. It is argued that the F.I.R. came to be lodged subsequently on 24.07.2022 only due to personal discord between the parties. It is also submitted that the medical examination report does not indicate any signs of forceful sexual 2026:UHC:3630 intercourse. 7. Learned Senior Counsel would further submit that the entire dispute arises out of a consensual relationship between two adults and there was neither any force nor coercion exercised by the applicant upon respondent no.4 for establishing physical relations. It is submitted that the criminal proceedings have been initiated only with an ulterior motive to pressurize the applicant to divorce his legally wedded wife and marry respondent no.4. Therefore, no offence punishable under Section 376 I.P.C. is made out against the applicant. 8. Per contra, learned State Counsel vehemently opposed the submissions advanced on behalf of the applicant and submitted that serious allegations have been levelled against him. However, learned State Counsel does not dispute the fact that the applicant and respondent no.4 were working at the same place and were acquainted with each other. 9. Heard learned counsel for the parties and perused the material available on record. 10. Upon consideration of the allegations levelled in the F.I.R., the statements of the prosecutrix recorded under Sections 161 and 164 Cr.P.C., and the material collected during investigation, this Court finds that respondent no.4 was a major, educated and consenting woman, who was fully aware of the marital status of the applicant since September, 2021. Despite such knowledge, she voluntarily continued her relationship with the 2026:UHC:3630 applicant for a considerable period. The material available on record prima facie reflects that the relationship between the parties was consensual in nature and arose out of a prolonged emotional association between two adults. 11. In the facts of the present case, the allegations contained in the F.I.R. and the material collected during investigation, even if taken at their face value, do not disclose the essential ingredients of the offences alleged against the applicant, thus, continuation of the criminal proceedings, therefore, would amount to an abuse of the process of the Court. 12. Accordingly, the present application under Section 482 Cr.P.C. is allowed. The chargesheet, cognizance/summoning order, as well as the entire proceedings arising out of F.I.R. No. 513 of 2022 dated 24.07.2022, registered under Sections 376, 313 and 506 I.P.C. at Police Station Patel Nagar, District Dehradun, pending before the court of learned Chief Judicial Magistrate, Dehradun, are hereby quashed. 13. Pending applications, if any, shall also stand disposed of accordingly. ( Alok Mah r a, J.) 12.05.2026 Mamta MA MTA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f2 44f3e584af1449e430ef900bf0 9a6d67ebbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d 9cabfd54852c9e68911ca8b66 dd26690a191648ab5d8dd00 4ef0, cn=MAMTA RANI Date: 2026.05.18 11:39:16 +05'30' 2026:UHC:3630