WPCRL/275/2026
2026 Latest Caselaw 749 UK

Uttarakhand High Court

WPCRL/275/2026 on 6 February, 2026

                  Office Notes,
                 reports, orders
                 or proceedings
SL. No.   Date    or directions                             COURT'S OR JUDGE'S ORDERS
                 and Registrar's
                   order with
                   Signatures


                                   WPCRL No.275 of 2026
                                   Hon'ble Siddhartha Sah, J.

Mr. Dushyant Mainali, Advocate for the petitioner.

2. Mr. Dinesh Chauhan, A.G.A. for the State.

3. By means of this writ petition, the petitioner has sought quashing of the FIR No.0004 of 2026 dated 08.01.2026 for the offence punishable under Section 140(3) of B.N.S. 2023, Police Station Kathgodam, District Nainital.

4. Learned counsel for the petitioner has referred to para no.5 of the writ petition which is reproduced hereinbelow for ready reference:

"5. That it was about one and a half year ago, when he himself was a juvenile and studying at Bal Sansar Inter College Kathgodam, the petitioner came in contact of prosecutrix, a seventeen year old girl, student of nearby situated Nagar Nigam Kanya Inter College. While returning back from school, petitioner and prosecutrix, began seeing each other at Kumar Sweets, Kathgodam, began seeing each other at Kumar Sweets, Kathgodam an eatery of nearby vicinity popular amongst teenagers for socializing. Whereas, the prosecutrix, on getting to know that both of them share the same vicinity i.e. Kathgodam (Nainital) they started to have regular chats over social media platforms as well. Pertinently, the conversations which they had centered primarily around emotional trauma which prosecutrix was experiencing as an outcome of her hostile relations with her parents. With passage of time the level of trust grew stronger between them and she continued with sharing her multifarious life issues with petitioner while admiring him as her 'bosom buddy'. And this immense fondness resulted into development of emotional intimacy between them moreover, the deep emotional bond which had evolved between them by now came to be strengthened manifold with the efflux of time."

5. In such view of the matter, let learned counsel for the State come up with specific instructions regarding the fondness developed by the prosecutrix for the petitioner, considering her young age.

6. Learned counsel for the petitioner has further relied upon the judgment of High Court of Judicature for Rajasthan Bench at Jaipur, passed in WPSB No.88 of 2026, Aryan Vs. State of Uttarakhand and others, in which at para no.15 a recent judgment of Hon'ble Supreme Court in the case of State of Uttar Pradesh Vs. Anurudh & another has been relied upon.

7. Let State counsel come up with specific instructions on the aforesaid aspects within a period of one week.

8. List this case on 16.02.2026.

9. Urgency Application (IA No.1 of 2026) stands disposed of accordingly.

(Siddhartha Sah, J.) Vacation Judge 06.02.2026 SK