[Cites 2, Cited by 0]
Uttarakhand High Court
C528/194/2026 on 16 February, 2026
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
C528 No.194 of 2026
Hon'ble Alok Mahra, J.
Ms. Mamta Bisht, Advocate for the
applicant.
Mr. Siddhartha Bisht, A.G.A. and Mr.
Prabhat Kandpal, Brief Holder for the State
of Uttarakhand.
2. An F.I.R. was lodged by the
complainant alleging that the applicant,
though belonging to a different community
and concealing his true identity, falsely
represented himself as "Rahul" and, on the
false pretext of marriage, established
physical relations with her. On the basis of
the said allegations, a case under Section
376 of the Indian Penal Code was registered
against the applicant. During the course of
investigation, the statement of the
complainant was recorded under Section
180 of the Bharatiya Nyaya Sanhita. In her
statement, she disclosed that she came into
contact with the applicant through social
media platform Instagram in February,
2024, and that from April, 2024 onwards,
they entered into a consensual physical
relationship. She further stated that on
06.10.2024, the applicant made her sign
certain documents at Saket Court, Delhi,
whereupon she came to know that his real
name was Riyazul Mustafa and not Rahul.
According to her own version, they
thereafter solemnized marriage and
cohabited as husband and wife till
13.01.2025.
3. Learned counsel for the applicant
submits that there are material
contradictions and embellishments in the
version of the complainant as set out in the
F.I.R. vis-à-vis her subsequent statement
recorded under Section 180 B.N.S. It is
further contended that even the charge-
sheet reflects that the Investigating Officer
was aware of the fact that the complainant
had knowledge regarding the applicant's
different religious identity, yet the applicant
has been charge-sheeted under Section 376
I.P.C. It is argued that even if the entire
prosecution story is accepted at its face
value and taken to be true in its entirety, no
prima facie offence under Section 376 I.P.C.
is made out. There is no specific allegation
of force, coercion, threat, or absence of
consent. Rather, the material on record
indicates a prolonged consensual
relationship spanning nearly one year. The
allegations do not disclose a singular act
induced solely by a fraudulent promise of
marriage; instead, they reveal a sustained
romantic association which subsequently
deteriorated. It is thus submitted that the
present prosecution appears to be an
attempt to give a criminal colour to a failed
consensual relationship and to misuse the
criminal process for settling personal
grievances. Learned counsel for the
applicant has invited the attention of this
Court to the Instagram chat exchanged
between the applicant and the complainant,
wherein the Instagram I.D. of the applicant
is reflected as "Riyazul Rais."
4. Issue notice to respondent no.2,
returnable at an early date.
5. List after service report is received. By
that time, counter affidavit, if any, be filed.
6. Considering the submission advanced
by learned counsel for the applicant, it is
directed that, till the next date of listing,
further proceedings of Criminal Case
No.1816 of 2025/Sessions Trial No.55 of
2025 pending in the Court of learned Ist
Additional Sessions Judge, Haldwani, District
Nainital, shall remain stayed.
(Alok Mahra, J.)
16.02.2026
Arpan
