Vijay v. State of Uttarakhand

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. 1266 of 2026 Hon'ble Rakesh Thapliyal, J.

¶1Mr. Ayush Negi, learned counsel for the applicant.

¶2Mr. Himanshu Sain, learned A.G.A. for the State.

¶3Mr. Siddhant Tiwari, learned counsel for the complainant.

¶4The instant petition has been filed under Section 528 of BNSS 2023 by the present applicant Vijay along with the compounding application supported with the affidavit of the applicant, respondent no. 3/ complainant and the victim for quashing of proceeding of Session Trial No. 106 of 2024, State vs. Vijay wherein the applicant is facing the trial for the offences punishable under Section 363, 366, 376(2)(n) IPC read with Section 5/6 of the POCSO Act, arising out of RI no. 209 of 2024, P.S. Kaliyar, District Haridwar.

¶5The applicant and the complainant as well as victim are present and are identified by their respective counsel.

¶6It is contended in the compounding applicant that both the applicant and victim was in fact were in love and married on 01.02.2025 in Shiv Temle at Roorkee.

¶7It is argued that earlier a writ petition was filed being WPCRL No. 55 of 2025 for seeking protection wherein after taking into consideration the age of the applicant and the victim and the fact that both of them solemnized their marriage on

01.02.2025, the writ petition was disposed of by directing the official concerned to assess threat perception and take appropriate steps for their life and liberty. The order was also placed on record.

¶8Certain photographs of their marriage have also been shown by learned counsel for the applicant to Mr. Sain, learned A.G.A.

¶9Learned counsel for the parties also apprise to this Court that the parties have already applied for registration of marriage and the same is in process.

¶10On perusal of the record as well as order passed by the Coordinate Bench on 06.02.2025 in WPCRL No. 55 of 2025 there is no dispute on their age and the applicant as well as the victim were major on the date of their marriage.

¶11It is further contended in the petition that initiation of trial court proceeding will adversely affect their matrimonial life and therefore proceeding be dropped.

¶12Mr. Sain, learned A.G.A. submits that since now the applicant and the victim married with each other and though their marriage is not registered but they are present in Court along with the mother of the victim who herself is the informant, and she happily accept their marriage therefore, in such an eventuality, the compounding application can be allowed.

¶13After hearing the arguments of the learned counsel for the parties and taking into consideration the fact that both of them now married with each other and living happily, therefore, in such an eventuality if the trial court proceeding is permitted to continue it will certainly affect their matrimonial life.

¶14In such view of the matter, the compounding application as well as C528 application are allowed. The proceedings of Session Trial No. 106 of 2024, State vs. Vijay is hereby quashed.

(Rakesh Thapliyal, J.)

05.06.2026 Parul