Aryan Kumar v. State of Uttarakhand

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA 08th DECEMBER, 2025

CRIMINAL MISCELLANEOUS APPLICATION NO. 1430 OF 2025 Aryan Kumar

..... Applicant Versus

State of Uttarakhand and Another

..…Respondents

Counsel for the Applicant : Ms. Priya Mewari, Advocate.

Counsel for the Respondent: Mr. Chitrarth Kandpal, Brief No.1

Holder.

Counsel for the Respondent : Mr. Ravindra Singh Rawat, No.2-informant-victim

Advocate through video

conferencing.

Hon'ble Alok Kumar Verma,J.

This Application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing the entire proceedings of Criminal Case No.97 of 2024, "State vs. Aryan Kumar", pending before the court of Judicial Magistrate, Kashipur, District Udham Singh Nagar under Section 376 of the Indian Penal Code, 1860.

2.

According to the First Information Report dated

19.03.2023, the applicant had established physical relations with the respondent – informant, aged about 25 years, on the pretext of marriage.

3.

Ms. Priya Mewari, learned counsel for the applicant.

4.

Mr. Chitrarth Kandpal, learned Brief Holder for the respondent no.1.

5.

Mr. Ravindra Singh Rawat, learned counsel for the respondent no.2-informant.

6.

The applicant and the respondent no.2 are present in-person before this Court.

7.

Applicant is identified by Ms. Priya Mewari, Advocate and the respondent no.2 is identified by Mr. Ravindra Singh Rawat, Advocate.

8.

The respondent no.2 has stated that at the time of the lodging the First Information Report, her age was 25 years. She does not want to proceed with the said criminal case.

9.

The applicant and the respondent no.2 submitted that now, they are living peacefully and in harmony. They have filed a Compounding Application (IA No.3 of 2025) and affidavits with their free will and without any pressure. The respondent no.2 has requested to quash the entire proceedings of the said Criminal Case No.97 of 2024.

¶10Learned counsel for the respondent no.1 has opposed the said request on the ground that Section 376 of the Indian Penal Code, 1860 is non-compoundable offence.

¶11Though this Court would normally be hesitant to quash the proceedings under Section 376 of the Indian Penal Code, 1860, but, it is noticed that the applicant and respondent no.2 - informant are living peacefully and in harmony and the respondent no.2 does not want to proceed with the matter. In these circumstances, in case, the proceedings are allowed to continue, it would amount to denial of complete justice to the parties. Therefore, it is a case, in which the inherent jurisdiction of this Court should be exercised to do real and substantial justice.

¶12Therefore, ends of justice would be met if the entire proceedings of Criminal Case No.97 of 2024, "State vs. Aryan Kumar", pending before the court of Judicial Magistrate, Kashipur, District Udham Singh Nagar under Section 376 of the Indian Penal Code, 1860, are quashed.

¶13Resultantly, the present Application, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed and entire proceedings of Criminal Case No.97 of 2024, "State vs. Aryan Kumar", pending before the court of Judicial Magistrate, Kashipur, District Udham

Singh Nagar under Section 376 of the Indian Penal Code, 1860, are hereby quashed.

___________________ Date: 08.12.2025

ALOK KUMAR VERMA, J.

Pant/