Uttarakhand High Court
Pankaj Kumar vs State Of Uttarakhand And Another on 20 March, 2025
2025:UHC:1980
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SHRI JUSTICE ASHISH NAITHANI
20th MARCH, 2025
Com pounding Appl. No.03 of 2023
In
CRIMINAL MISCELLANEOUS APPLICATION NO. 276 of 2021
Pankaj Kumar ....Applicant
Vs.
State of Uttarakhand and Another. .....Respondents
Counsel for the Applicant : Mr. Yogesh Pant,
Advocate.
Counsel for the State : Ms. Manisha Rana Singh,
Deputy Advocate General.
Counsel for the Respondent : Mr. Ajeet Kumar Yadav,
Advocate for respondent
no.2.
Hon'ble Ashish Naithani, J.
The present Application has been filed under Section 482 of the
Code of Criminal Procedure, 1973 to quash the summoning order dated
18.01.2021 and the entire proceedings of Criminal Case No.522 of
2021 under Sections 323, 376, 504 and 506 of the Indian Penal Code,
1860, pending before the Court of learned Chief Judicial Magistrate,
Rishikesh, District Dehradun.
2. Applicant is present, in person and respondent no.2 is present
through V.C. before this Court. They are duly identified by their
respective counsel.
3. Along with C-482 Application, a Compounding Application (IA
No.3 of 2023) has been signed and filed by the parties, which is duly
supported by separate affidavits of the parties.
2025:UHC:1980
4. Subsequent to the submission of the charge-sheet, learned Trial
Court took the cognizance and passed the summoning order against the
applicant-accused person for the offence under Sections 323, 376, 504
and 506 of Indian Penal Code, 1860.
5. Heard learned counsel for the parties and perused the material
available on record.
6. Learned State Counsel raised a preliminary objection to the effect
that the offence under Section 376 of IPC is non compoundable offence
under Section 320 of Cr.P.C. She further submits that Hon'ble Supreme
Court in a judgment of State of M.P. Vs. Laxmi Narayan & others held
that power conferred under Section 482 of Cr.P.C to quash the criminal
proceedings for non compoundable offences under Section 320 of
Cr.P.C. can be exercised overwhelmingly and predominantly the civil
character, particularly those arising out of commercial transactions and
such power is not to be exercised in those prosecutions which involved
heinous and serious offences of mental depravity or offences like
murder, rape, dacoity, etc, which offences are not private in nature and
have serious impact on the society.
7. In view of the principle of law laid down in Dheeraj vs. State of
NCT of Delhi & Ors, the Delhi High Court acknowledged that while
offences under Section 376 IPC are serious, there can be exceptional
situations where the inherent powers under Section 482 CrPC may be
invoked to quash proceedings. The Court highlighted that each case
must be evaluated on its own merits, considering factors such as the
nature of the allegations, the evidence available, and the stage of the
proceedings.
2025:UHC:1980
8. In Lalu Yadav v. State of Uttar Pradesh & Ors. (2024) The
Supreme Court quashed an FIR filed under Section 376 IPC,
highlighting the consensual nature of the five-year relationship between
the complainant and the accused. The Court noted the significant delay
in filing the FIR and the absence of prima facie evidence indicating that
the sexual relationship was based on a misconception of fact. The Court
emphasized that an extended consensual relationship cannot
retrospectively be construed as rape merely because it did not
culminate in marriage.
9. The Hon'ble Supreme Court in Rajnish Singh @ Soni v. State of
Uttar Pradesh & Anr., Criminal Appeal No. 439 of 2025, decided on
3rd March 2025. In this case, the Court quashed the rape charges
against the appellant, emphasizing that a prolonged consensual
relationship cannot be construed as rape based on an alleged false
promise of marriage. The Court observed that the complainant, a highly
qualified woman, engaged in a consensual relationship with the
appellant for 16 years, and filing an FIR after such an extended period,
especially after the appellant married another woman, raised doubts
about the credibility of the allegations.
10. The Court further noted that a mere breach of a promise to marry
does not constitute rape unless it is proven that the accused had mala
fide intentions from the inception of the relationship. The prolonged
period during which the sexual relations continued unabatedly between
the parties was sufficient to conclude that there was no element of force
or deceit in the relationship
11. This judgment reinforces the principle that consensual
relationships, especially those extending over a long period, cannot be
retrospectively termed as rape merely because they did not culminate in
marriage.
2025:UHC:1980
12. Keeping in view the totality of the facts and circumstances
of the case, this Court is of the view that ends of justice would be met,
if the entire proceedings of Criminal Case No.522 of 2021 under
Sections 323, 376, 504 and 506 of the Indian Penal Code, 1860,
pending before the Court of learned Chief Judicial Magistrate,
Rishikesh, District Dehradun, are quashed.
13. The entire proceedings of Criminal Case No.522 of 2021
under Sections 323, 376, 504 and 506 of the Indian Penal Code, 1860,
pending before the Court of learned Chief Judicial Magistrate,
Rishikesh, District Dehradun are hereby quashed.
14. Compounding Application No.03 of 2023 is allowed.
Consequently, Criminal Miscellaneous Application No.276 of 2020,
filed under Section 482 of the Code of Criminal Procedure, is disposed
of accordingly.
_______________
ASHISH NAITHANI, J.
Dt: 20th March, 2025
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