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2026 DAILYLAW 8855 (UTT)

SHOYAB ALIAS ABDUL RAHMAN v. STATE OF UTTARAKHAND

C528/1590/2026 · 2026-07-23

Rakesh Thapliyal

body2026

Judgment text

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UKHC010128422026 2026:UHC:6298 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528/1590/2026 Shoyab Alias Abdul Rahman --Applicant Versus State Of Uttarakhand --Respondent Hon'ble Rakesh Thapliyal, J. 1. Mr. Mohd. Safdar, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned AGA for the State. 3. Mr. Faizan Ali, learned counsel for the respondent no. 2 and 3. 4. The instant petition is moved under Section 528 of BNS, 2023 by the present applicant for quashing of the proceedings of Special Sessions Trial No. 94 of 2026, arising out of Case Crime No. 555 of 2025 wherein present applicant is facing trial for the offences punishable under Section 351 (2), 64 (1) BNS, 2023 read with Section 3 (a) / 4 of the POCSO Act, Police Station – Mangalaur, District Haridwar, pending in the court of Addl. District Judge / FTSC, Roorkee, District Haridwar. 5. The instant petition has been filed along with compounding application supported with the affidavit of applicant, informant and victim. 6. Applicant and respondent nos. 2 and 3 informant and victim are present in the Court and they all are duly identified by their respective counsel. 7. It is contended by the learned counsel for the parties that in fact, applicant and respondent no. 3 – victim were in love and applicant was granted interim protection from this Court on such an assurance that applicant will marry with respondent no. 3 and now, the applicant married with the victim on 23.03.2026 and got their UKHC010128422026 2026:UHC:6298 marriage registered on 10.04.2026 in the office of Sub Registrar, Registration, Haridwar. Copy of the Marriage Certificate is also enclosed as Annexure 3. 8. It is submitted by the learned counsel for the parties that since both the applicant and victim are now married with each other and got their marriage registered, therefore, continuation of the proceeding of Special Sessions Trial No. 94 of 2026 will disturb their matrimonial life and since the parties have settled their dispute, there is no useful purpose to continue with the proceedings and even otherwise, continuation of the criminal proceedings and be quashed. 9. After hearing the learned counsel for the parties and taking into consideration that both the parties have already married on 23.03.2026 and their marriage is also registered on 10.04.2026, therefore, continuation of the criminal proceedings will be a futile exercise, and even otherwise, continuation of the criminal proceedings would affect their matrimonial life, therefore, this Court is of the view that compounding application as well as instant petition deserve to be allowed. 10. Accordingly, compounding application no. 1 of 2026 as well as instant C528 petition are allowed. Consequently, entire proceedings of Special Sessions Trial No. 94 of 2026, arising out of Case Crime No. 555 of 2025 pending in the court of Addl. District Judge / FTSC, Roorkee, District Haridwar is quashed. (Rakesh Thapliyal, J.) 23.07.2026 SKS