Uttarakhand High Court
C528/1643/2026 of NITESH KASHYAP Vs STATE OF UTTARAKHAND on 5 August 2026
SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528/1643/2026 With IA 2/2026 (For Compounding Application) Nitesh Kashyap --Applicant Versus State Of Uttarakhand --Respondent
UKHC010132892026
2026:UHC:6911
SL.
No.
Date
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures
COURT’S OR JUDGE’S ORDERS
C528/1643/2026
With
IA 2/2026 (For Compounding Application)
Nitesh Kashyap
--Applicant
Versus
State Of Uttarakhand
--Respondent
Hon’ble Rakesh Thapliyal, J.
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1. Mr. Prithvi Pal Singh Rawt, learned counsel for the applicant.
2. Mr. Himanshu Sain and Mrs. Meenakshi Sharma, learned A.G.A. for the State.
3. The instant petition is moved under section 528 of BNSS, 2023, by the present applicant ‘Nitesh Kashyap’ along with the compounding application with the affidavit of the applicant and the victim. The applicant and the victim are present in court and are identified by their counsel.
4. It is contended that the present applicant is facing the trial for the offences punishable under section 123, 70(2) r/w 5(j)(ii)/6 of POCSO Act P.S. Kathgodam, District Nainital arising out of First Information Report dated 20.04.2025 bearing FIR No. 40 of 2025. It is contended in the compounding application that the applicant married with the victim on 24.08.2025 and their marriage is also registered in the office of Sub- Registrar, Registration of Marriage, copy of which is enclosed as Annexure-3 at page 18; certain photographs of marriage are also enclosed at page 17; the marriage invitation card is also enclosed at page 16. It is contended that now the applicant married with the victim and from this marriage one child is also born, who is also present along with the parties, and submits that the proceeding be closed otherwise it will affect the matrimonial UKHC010132892026
2026:UHC:6911 life of the victim also.
5. On the other side, learned State counsel have not disputed that now both the parties are married and if such a proceeding is permitted to continue it will disrupt their matrimonial life.
6. After hearing the arguments of learned counsel for the parties and further taking into consideration that the applicant married with the victim on 24.08.2025 and their marriage is also registered as per Annexure-3, this court is of the view that there is no useful purpose to continue the proceeding.
7. Consequently, the instant criminal miscellaneous application as well as the compounding application are allowed and the entire proceeding of Special Session Trial No. 39 of 2025 arising out of FIR No. 40 of 2025 is hereby quashed.
(Rakesh Thapliyal, J.) 05.08.2026 PR