C528/1324/2026 of ARJUN SINGH Vs STATE OF UTTARAKHAND on 7 July 2026

1. Mr. Mehboob Rahi, learned counsel for the applicant.

2. Mr. Sandeep Sharma, learned A.G.A. for the State.

3. Mr. Kaushal Pandey, learned counsel for the respondent.

4. The instant petition has been preferred by the applicant ‘Arjun’ S/o Sri Pappu under section 528 of BNSS, 2023, for quashing of the proceeding of Special Session Trial No. 500 of 2022 ‘State vs. Arjun’, wherein, the present applicant is facing the trial for the offences punishable under sections 363, 366, 376 of IPC and 5/6 of POCSO Act arising out of Case Crime No. 253 of 2022. The petition has been filed along with the compounding application with the affidavit of the applicant and the victim-the respondent no. 2 with this contention that the applicant and the respondent no. 2 infact were in love and though at the time of the incident the victim was minor but subsequently both of them married on 25.08.2025 in Arya Samaj Mandir, Rudrapur, and the certificate in this regard is also enclosed at page 24 issued by Pandit Prabhat Kumar Arya, Purohit of Arya Samaj Mandir of Rudrapur. Certain photographs have also been enclosed at page 25 and 26.

5. It is argued that on the date when both of them married the victim attains the age of majority and there is no dispute on the age of the applicant and since now both the applicant and the victim married with each other, therefore, the proceeding be dropped otherwise it will affect their matrimonial life. It is also submitted that both of them also applied for registration of their marriage, which is also pending for consideration. In support of age, the High School certificate of the victim is also enclosed, according to which her date of birth is 05.03.2007. There is no affidavit of the informant, who is the father of the victim since he is not agreeable for this marriage but the fact remains that there is no dispute on the age of the applicant as well as the victim and victim on the date of marriage also attains the age of majority, therefore, at this juncture, when both of them married with each other the affidavit of the informant is not necessary at this stage.

6. On the other side, Mr. Sharma, learned A.G.A. submits that since now the parties have married with each other and on the date of marriage the victim attains the age of majority and certificate in this regard is also enclosed and process for registration of their marriage is under consideration, therefore, the proceeding can closed by allowing the compounding application otherwise the continuation of the proceeding firstly will be a futile exercise and will affect their matrimonial life.

7. After hearing the arguments of learned counsel for the parties and taking into consideration that both the applicant and the victim married with each other and there is no dispute that on the date of marriage both were major and the certificate of marriage is also enclosed along with the photographs, this court is of the view that the continuation of proceeding amounts to a futile exercise and will also affect their matrimonial life, therefore, the compounding application deserves to be allowed.

8. Accordingly, the instant petition preferred under section 528 of BNSS, 2023, as well as the compounding application are allowed.

9. The entire proceeding of Special Sessions Trial No. 500 of 2022 ‘State vs. Arjun’ pending in the court of FTC/Special Judge POCSO/Additional Sessions Judge, Udham Singh Nagar, is also hereby quashed.

(Rakesh Thapliyal, J.) 07.07.2026 PR