Uttarakhand High Court
Sunil Kumar And Others … vs State Of Uttarakhand And Another on 25 July, 2025
2025:UHC:6580
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
CRIMINAL MISC. APPLICATION No. 1235 of 2025
Sunil Kumar and Others ......Applicants
Versus
State of Uttarakhand and Another .....Respondents
Presence:
Mr. N. S. Bisht, learned counsel for the Applicants.
Mr. Girish Chandra Joshi, learned A.G.A. for the State and Mr. Yogesh
Upadhyay, learned counsel for the Respondent No. 2
Hon'ble Ashish Naithani, J.
1. This Criminal Miscellaneous Application under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the
applicants seeking quashing of the charge-sheet dated 26.06.2021, the
cognizance order dated 07.07.2021, and the entire proceedings of Sessions
Trial No. 105 of 2021, titled State vs. Sunil & Others, for offences under
Sections 376, 323, and 506 of the Indian Penal Code, 1860, pending
before the Court of learned Additional Sessions Judge/F.T.S.C., Rudrapur,
District Udham Singh Nagar.
2. The application is accompanied by a joint compromise application, stating
that the matter between the applicants and Respondent No. 2 has been
amicably settled, and no grievance survives between the parties.
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Criminal Misc. Application No.1235 of 2025-----Sunil Kumar and Others vs State of Uttarakhand &
Another
Ashish Naithani J.
2025:UHC:6580
3. The case arises from an FIR lodged on 18.05.2021 by Respondent No. 2 at
P.S. Kichha, District Udham Singh Nagar, registered as Case Crime No.
163 of 2021, under Sections 376, 323, and 506 IPC, wherein allegations
were made that Applicant No. 1 (Sunil Kumar), a neighbour of the
complainant, established physical relations with her on the promise of
marriage starting from July 2020.
4. It was further alleged that when the complainant confronted Sunil Kumar
and his family members on 13.05.2021 regarding his refusal to solemnize
marriage, she was assaulted by his mother (Applicant No. 3), his brother
(Applicant No. 2), along with other relatives, causing injuries. The
complainant was also threatened with dire consequences in case she
approached the authorities.
5. Following the investigation, the police submitted a charge-sheet dated
26.06.2021 against Applicant No. 1 for offences under Sections 376, 323,
and 506 IPC, and against Applicants No. 2 and 3 for offences under
Sections 323 and 506 IPC.
6. On 07.07.2021, the learned Additional Chief Judicial Magistrate, Kichha,
took cognizance and summoned the applicants for trial. The matter was
thereafter committed to the Sessions Court, where charges were framed,
and the trial commenced.
7. Applicant No. 1 was arrested during the course of investigation but was
later granted bail by this Court vide order dated 13.08.2021 in Bail
Application No. 1693 of 2021.
8. During the pendency of the trial, the applicants and Respondent No. 2
amicably resolved their differences. It is brought on record that Applicant
No. 1 and Respondent No. 2 have solemnized their marriage and are now
living together as husband and wife. Copies of their marriage certificate
and Respondent No. 2's deposition as PW-1 (where she admitted the
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Criminal Misc. Application No.1235 of 2025-----Sunil Kumar and Others vs State of Uttarakhand &
Another
Ashish Naithani J.
2025:UHC:6580
consensual nature of their relationship) have been annexed to the
application.
9. Respondent No. 2, who is present before this Court and identified by her
counsel, has categorically stated that she does not wish to prosecute the
matter further and has no objection to the quashing of the proceedings.
10. Heard learned counsel for the parties and perused the records.
11. Learned counsel for the applicants submitted that the dispute is
essentially private in nature, arising out of a relationship between
Applicant No. 1 and Respondent No. 2, which has now culminated in their
marriage. Counsel contends that continuing the criminal proceedings
would serve no useful purpose and would only cause undue hardship to
the parties.
12. Learned counsel for Respondent No. 2 corroborates this position and
submits that in light of the settlement and the present marital relationship
between the parties, the continuation of the criminal trial would adversely
affect their peace and family life.
13. Learned A.G.A. opposes the quashing to the extent of Section 376 IPC,
pointing out that it is a non-compoundable offence and affects public
interest. However, he leaves it to the discretion of this Court to consider
the peculiar facts and circumstances.
14. The Hon'ble Supreme Court in Gian Singh vs. State of Punjab (2012)
10 SCC 303 has held that while the powers under Section 482 CrPC
(corresponding to Section 528 BNSS) to quash criminal proceedings on
the basis of settlement are wide, they are to be exercised cautiously,
particularly in cases involving serious offences like sexual assault.
15. In the present case, Respondent No. 2 is now the legally wedded wife
of Applicant No. 1. Her statement recorded in Court as PW-1
acknowledges the consensual nature of their relationship. She has
voluntarily chosen not to pursue the matter, and the State has not shown
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Criminal Misc. Application No.1235 of 2025-----Sunil Kumar and Others vs State of Uttarakhand &
Another
Ashish Naithani J.
2025:UHC:6580
how the continuation of the proceedings would serve any larger public
interest.
16. This Court finds that the dispute between the parties is essentially
personal, and their amicable settlement warrants interference to secure the
ends of justice. The continuance of the criminal trial would serve no useful
purpose and would only prolong their hardship.
ORDER
In view of the above discussion and considering the settlement
between the parties, this Court finds it to be a fit case to invoke its
powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023, to prevent abuse of process and to secure the ends of justice.
Accordingly, the Compounding Application stands allowed, the
charge-sheet dated 26.06.2021, the cognizance order dated 07.07.2021,
and the entire proceedings of Sessions Trial No. 105 of 2021, State vs.
Sunil & Others, pending before the learned Additional Sessions
Judge/F.T.S.C., Rudrapur, District Udham Singh Nagar, are hereby
quashed qua the present applicants.
The Criminal Miscellaneous Application is disposed of in the
above terms.
Ashish Naithani, J.
Dated: 25.07.2025
NR/
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Criminal Misc. Application No.1235 of 2025—–Sunil Kumar and Others vs State of Uttarakhand &
Another
Ashish Naithani J.
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