High Court · 2026

Mr. Raj Kum ar Singh, Advocat e, holding brief of Mr. Anchit Khokher, Advocat e for t he applicant . Mr. V.S. Pal, A.G.A. for t he St at e of Ut t arakhand. Mr. Raj at Mit t al, Advocat e respondent no. 2.

2. I n t his case, vict im lodged an FI R on 27.10.2021 in which it was alleged t hat t he applicant on t he false pr et ext of m arriage, est ablished physical relat ions wit h her. I t is m ent ioned in t he FI R t hat bot h applicant and vict im w er e friends and w er e knowing each ot her for last m ore t han one year as t hey w ere st udying in t he college. Aft er t he FI R was lodged, st at em ent of t he vict im wer e r ecor ded under Sect ion 161 and 164 Cr.P.C. in w hich she failed t o recognize t he room in which she has alleged t hat boy had m ade physical r elat ions wit h her and even she was not able t o t ell t he specific t im e or relat ions wer e dat e w hen m ade. t he phy sical Lear ned counsel t he applicant 3. would subm it t hat applicant has falsely been im plicat ed in t he case as when vict im was t aken t o doct or for m edical exam inat ion, she denied t he m edical t o undergo exam inat ion. I t is furt her subm it t ed t hat since t he vict im has refused t o undergo her int ernal m edical exam inat ion, pr esum pt ion would be r ead against her t hat no such act of rape w as com m it t ed upon her. I n support of his case, learned counsel has relied upon a j udgm ent passed by Hon’ble Apex Court in t he case of Sam adhan Vs. St at e of Maharasht ra and Anot her , 2025 SCC OnLine SC 2528. Paragr aph 29 of t he aforesaid j udgm ent is ext ract ed her einbelow: - “ 29. This Court has, on num er ous occasions, t aken not e of t he disquiet ing t endency wherein failed or brok en r elat ionships are given t he colour of crim inalit y. The offence of rape, being of t he grav est kind, m ust be invok ed only in cases w her e t here exist s genuine sexual violence, coer cion, or absence of free consent . To convert ev ery sour relat ionship int o an offence of rape not only t rivialises t he seriousness of t he offence but also inflict s upon t he accused indelible st igm a and grav e t he realm of m er e personal discord. The m isuse of t he crim inal j ust ice m achinery in t his regard is a m at t er of pr ofound concern and calls condem nat ion." inj ust ice. Such t ranscend inst ances Lear ned counsel t he applicant 4. would furt her subm it t hat bot h t he applicant and t he vict im were belonging t o t he sam e age group i.e. about 23 y ears at t he t im e of t he incident . Even if t he averm ent s of t he FI R are t ak en t o be t r ue, t hen also, it is a case of consensual act and bot h wer e t he t o enough m at ure under st and t heir act ion and w er e consequences of possessed under st anding, sufficient m at urit y, and discer nm ent t o com prehend t heir t he nat ure and consequences of act ions. t hat an independent adult , upon educat ed and ent ering relat ionship, m ust also recognise t hat t he law cannot be invoked t o crim inalize t he m er e failure of a a relat ionship. relat ionship, by it self, does not give rise t o crim inal liabilit y. Such m at t ers m ust be approached wit h sensit ivit y, rest raint , and due r espect for t he aut onom y and choices of bot h individuals involved. int o a consensual furt her subm it t ed dissolut ion The I t

5. Per cont ra, learned St at e Counsel, on t he ot her hand, would subm it t hat vict im has support ed t he prosecut ion st ory in her st at em ent under Sect ion 164 Cr .P.C.

6. Hear d learned counsel for t he part ies and per used t he r ecord. for ce som e

7. This Court subm ission m ade by learned counsel for t he applicant s. I n such circum st ances, allowing t he crim inal proceedings t o cont inue against t he applicant would be an abuse of t he process of law . Ther efore, t his Court is of t he considered view t hat it is a fit case t o exer cise j urisdict ion under Sect ion 482 Cr.P.C. t o secur e t he ends of j ust ice. inherent it s present crim inal t he 8. Accordingly, m iscellaneous applicat ion filed under Sect ion 482 of t he Code of Crim inal Procedure, 1973 is allowed and t he ent ire proceedings of Crim inal Case No. 2003 of 2022, St at e Vs. Abhinav Khare, under Sect ion 376 I PC, pending in t he Court of learned Chief Judicial Magist rat e, Dehradun, Dist rict Dehradun, is hereby quashed, qua t he applicant . ( A l o k M a h r a , J.)

19.05.2026 Uj j wal