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2026 DAILYLAW 9071 (UTT)

PANTHPREET SINGH AND ANR v. STATE OF UTTARAKHAND

C528/1616/2026 · 2026-07-28

Rakesh Thapliyal

body2026

Judgment text

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SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528/1616/2026 Panthpreet Singh And Anr --Applicants Versus State Of Uttarakhand --Respondent Hon'ble Rakesh Thapliyal, J. Mr. Shariq Khurshid, learned counsel for the applicants. 2. Mr. Vijay Khanduri, learned Brief Holder for the State. 3. Mr. Prince Chauhan, learned counsel for respondent nos.2 & 3. 4. The instant petition is moved by the applicants-Panthpreet Singh, S/o Shri Iqbal Singh and his father Iqbal Singh, S/o Kartar Singh alongwith compounding application with the affidavit of informant and the victim for quashing of the proceeding of Special Sessions Trial No.492 of 2025 State vs. Panthpreet Singh and Another wherein both the applicants are facing trial for the offences punishable under Section 137(2), 142, 61(2), 87, 64(1) of BNS, 2023 read with Section 5/6 & 16/17 of POCSO Act arising out of FIR No.106 of 2025. 5. Both the applicants and respondent nos.2 & 3 are present in the Court. Respondent no.2 is the informant and father of respondent no.3, the victim. 6. It is contended in the compounding application that infact the applicant no.1 was in love with respondent no.3 and with the consent of their family members both of them married with each other on 15.04.2026 in Gurudwara Kartarpur, Bazpur Road, Kashipur, District Udham Singh Nagar and a certificate in this regard is also issued by the Granthi of Gurudwara, which is also placed on record. It is contended that since now the applicant no.1 married with respondent no.3, therefore, the proceeding be quashed otherwise it will affect their matrimonial life. 7. The applicant and the respondent nos.2 & 3 are present in Court and are identified by their respective counsel. 8. This Court interact with the informant, father of the victim as well as the father of applicant no.1 who is also present in the Court and both of them also submit that they are happy with the marriage of applicant no.1 and respondent no.3, therefore, the proceedings be quashed so that both of them runs smoothly their matrimonial life. 9. Mr. Vijay Khanduri, learned Brief Holder for the State submits that though certain penal provisions are not compoundable since at that time the victim was minor but she was at the verge of attaining the age of majority since at the time of incident she was above 17 years and as now the applicant no.1 married with respondent no.3 and their family members also accepted their marriage, therefore, in such an eventuality with the leave of the Court, the proceeding can be quashed by allowing the compounding application. He further submits that even otherwise, since now the applicant no.1 married with respondent no.3, therefore, continuation of the proceeding is completely a futile exercise. 10. After hearing the submissions of learned counsel for the parties and taking into consideration that applicant no.1 married with respondent no.3 on 15.04.2026 and they are living happily and their marriage is also acceptable by their family members particularly the in-laws, therefore, this Court is of the view that continuation of the proceeding deserves to be quashed otherwise it will affect their matrimonial life. 11. In such view of the matter, the instant petition as well as the compounding application are allowed and the entire proceeding of Special Sessions Trial No.492 of 2025 State vs. Panthpreet Singh and another pending in the court of FTC/Additional Sessions Judge/Special Judge POCSO, Kashipur, District Udham Singh Nagar is hereby quashed. (Rakesh Thapliyal, J.) 28.07.2026 Arti