Uttarakhand High Court
C528/1642/2026 of GOKUL PRASAD Vs STATE OF UTTARAKHAND on 29 July 2026
SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528/1642/2026 Gokul Prasad --Applicant Versus State Of Uttarakhand --Respondent Hon'ble Rakesh Thapliyal, J. 1. Mr. Kishore Rai, learned
UKHC010132922026
2026:UHC:6549
SL.
No.
Date
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures
COURT’S OR JUDGE’S ORDERS
C528/1642/2026
Gokul Prasad
--Applicant
Versus
State Of Uttarakhand
--Respondent
Hon'ble Rakesh Thapliyal, J.
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1. Mr. Kishore Rai, learned counsel for the applicant.
2. Ms. Rangoli Purohit, learned AGA for the State.
3. Mr. Subhash Joshi, learned counsel for the respondent no. 2 and 3.
4. The instant petition is moved under Section 528 of BNS, 2023 by the present applicant for quashing of the proceedings of Special Sessions Trial No. 11 of 2020, arising out of Case Crime No. 01 of 2020 (State Vs. Gokul Prasad) wherein present applicant is facing trial for the offences punishable under Section 363, 366A, 376 IPC read with Section 3 / 4 of the POCSO Act, Police Station – Jhulaghat, District Pithoragarh, pending in the court of learned Special Sessions Judge, Pithoragarh.
5. The instant petition has been filed along with compounding application supported with the affidavit of applicant, informant and victim.
6. Applicant and respondent nos. 2 and 3 informant and victim are present in the Court and they all are duly identified by their respective counsel.
7. It is contended by the learned counsel for the parties that applicant married with the victim and on 01.12.2025, one child was also born, who is at present 8 month old. They also got their marriage registered on 20.06.2026 in the office of Sub Registrar, Pithoragarh. Copy of the Marriage Registration Certificate is also enclosed as UKHC010132922026
2026:UHC:6549 Annexure 4.
8. It is submitted by the learned counsel for the parties that since both the applicant and victim are married with each other and one child is also born and they also got their marriage registered, therefore, proceedings be quashed, otherwise, it will affect their matrimonial life and future of child.
9. On the other hand, learned AGA submits that though the offence is not compoundable but since the applicant married with the victim and one child is also born, therefore, continuation of the proceeding of Special Sessions Trial No. 11 of 2020 will be a futile exercise, even otherwise, such a proceeding will disturb their matrimonial life and future of the child.
10. Taking into consideration the subsequentl development and in order to secure their matrimonial life and future of the child, proceedings can be quashed.
11. After hearing the learned counsel for the parties and taking into consideration that both the parties have already married and their marriage is also registered on 20.06.2026 and one child is also born from their marriage, therefore, continuation of the criminal proceedings will be a futile exercise, and even otherwise, continuation of the criminal proceedings would affect their matrimonial life and future of the child, therefore, this Court is of the view that compounding application as well as instant petition deserve to be allowed.
12. Accordingly, compounding application i.e I.A. No. 1 of 2026 as well as instant C528 petition are allowed. Consequently, entire proceedings of Special Sessions Trial No. 11 of 2020, arising out of Case Crime No. 01 of 2020 (State Vs. Gokul Prasad) pending in the court of Special Sessions Judge, Pithoragarh is hereby quashed.
(Rakesh Thapliyal, J.) 29.07.2026 SKS