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2026 DAILYLAW 5947 (UTT)

SANJAY v. STATE OF UTTARAKHAND

C528/1145/2026 · 2026-05-29

Alok Mahra

body2026

Judgment text

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2026:UHC:4237 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528 No.1145 of 2026 Hon’ble Alok Mahra, J. Mr. Tapan Singh, Advocate for the applicant. Mr. S.C. Dumka, A.G.A. and Mr. Nikhil Bisht, Brief Holder for the State of Uttarakhand. Mr. Sanjay Kumar Chandel, Advocate for respondent no.2. 2. Present C-528 application is filed with the prayer to set-aside/quash the charge sheet dated 26.10.2025, cognizance/summoning order dated 29.10.2025 and the entire proceedings of Special Sessions Trial No.201 of 2025, pending in the Court of learned Additional Sessions Judge/FTSC Roorkee, District Haridwar, on the basis of compromise between the parties. 3. Respondent No. 2 lodged an F.I.R. alleging that the applicant, being the stepfather of the complainant, persistently molested her and committed sexual assault by touching her private parts. The F.I.R. further avers that, upon resistance from the complainant, the applicant administered threats of dire consequences, which, coupled with the familial relationship and prevailing fear, prevented the complainant from disclosing the alleged offences to any person. 4. Compounding application (I.A. No.1 of 2026) is also filed in the matter wherein it is prayed to compound the offence between the parties. It is 2026:UHC:4237 submitted that at the time of alleged incident, respondent no.2 was above 18 years. 5. Applicant as well as respondent no.2 are present before the Court, who have been duly identified by their learned counsel. It is further submitted that the complainant has already filed an affidavit in support of the compounding application, affirming the factum of compromise arrived at between the parties. 6. It is jointly submitted that all disputes, differences, and grievances between the parties have been amicably settled and resolved in their entirety. Respondent no.2 specifically submits that the applicant was opposing the relationship between respondent no.2 and Priyanshu Chaudhary, and consequently, under a genuine misconception and false impression, she lodged the F.I.R. against the applicant; she categorically denies that any such incident as narrated in the F.I.R. ever occurred, expressly repudiating all allegations contained therein. Respondent No. 2 has subsequently solemnized her marriage with Priyanshu Chaudhary on 18.11.2025, and in light of the aforesaid settlement and the subsisting marital relationship, she has expressly stated that she has no intention whatsoever to prosecute the applicant further, nor does she desire the continuation of the criminal proceedings herein, as the continuation of such proceedings would be an abuse of the process of law and would work manifest injustice upon the applicant. 7. Learned State Counsel vehemently 2026:UHC:4237 opposed the compounding application. 8. Hon’ble Supreme Court, in a catena of its judgments, has observed that in cases where because of the compromise arrived at between the parties, possibility of conviction is remote and bleak, the High Court may quash the criminal proceedings as continuation of the same would cause great prejudice and injustice to the accused. 9. Following the aforesaid ratio, present compounding application is allowed. The offences between the parties are permitted to be compounded. As a result, entire proceedings of Special Sessions Trial No.201 of 2025, pending in the Court of learned Additional Sessions Judge/FTSC Roorkee, District Haridwar, are hereby quashed. 10. C-528 application stands disposed of. (Alok Mahra, J.) 29.05.2026 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20ddd b7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB9874 46351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.05.29 16:49:21 +05'30'