Research › Search › Judgment

High Court of Uttarakhand · body

2026 DAILYLAW 9304 (UTT)

AKASH KUMAR RASTOGI v. STATE OF UTTARAKHAND

C528/1646/2026 · 2026-07-30

Rakesh Thapliyal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

UKHC010133082026 2026:UHC:6601 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528/1646/2026 Akash Kumar Rastogi --Applicant Versus State Of Uttarakhand --Respondent Hon'ble Rakesh Thapliyal, J. 1. Mr. Pradeep Chamiyal, learned counsel for the applicant. 2. Ms. Meenakshi Sharma, learned AGA for the State. 3. Mr. Kovid Bhatt, learned counsel for the respondent no. 2. 4. The instant petition is moved under Section 528 of BNS, 2023 by the present applicant for quashing of the proceedings of Sessions Trial No. 101 of 2025, arising out of Case Crime No. 235 of 2024 (State Vs. Akash Kumar Rastogi) wherein present applicant is facing trial for the offences punishable under Section 376 IPC, Police Station – Prem Nagar, District – Dehradun, pending in the court of learned Addl. Sessions Judge, Dehradun. 5. The instant petition has been filed along with compounding application supported with the affidavit of applicant and victim. 6. Applicant and respondent no. 2 are present in the Court and both are duly identified by their respective counsel. 7. It is contended by the learned counsel for the parties that both were in fact in love and applicant married with the victim on 10.07.2026 at Maiya Ki Dhan Temple, Rampur and certain photograph of marriage are also enclosed at page 44. 8. It is submitted by the learned counsel for the parties that since both the applicant and victim are married with each other, therefore, in the interest of justice, in order to save their matrimonial life, UKHC010133082026 2026:UHC:6601 the proceedings be quashed. 9. On the other hand, learned AGA submits that since the applicant married with the victim, therefore, continuation of the proceeding of Sessions Trial No. 101 of 2025 will be a futile exercise and if such a proceeding continued, it will disturb their matrimonial life. 10. After hearing the learned counsel for the parties and taking into consideration that both the parties have already married on 10.07.2026 therefore, continuation of the criminal proceedings will be a futile exercise, and will also affect their matrimonial life, consequently, compounding application i.e I.A. No. 1 of 2026 as well as instant C528 petition are allowed. Accordingly, entire proceedings of Sessions Trial No. 101 of 2025, arising out of Case Crime No. 235 of 2024 (State Vs. Akash Kumar Rastogi), pending in the court of learned Addl. Sessions Judge, Dehradun is hereby quashed. (Rakesh Thapliyal, J.) 30.07.2026 SKS UKHC010133082026 2026:UHC:6601