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by Devshree Dangi In the Headline   |   15 October 2026

Uttarakhand High Court Sets Aside Order Framing Charge Under Section 376 of the Indian Penal Code

9 October 2026: The Hon’ble High Court of Uttarakhand allowed a criminal revision against an order directing the framing of a charge under Section 376 of the Indian Penal Code, 1860 (IPC), and quashed the Sessions Trial as against the revisionist.

The revision, decided by Alok Mahra, J., challenged the order dated 22 April 2025 of the District and Sessions Judge, Pauri Garhwal, in Sessions Trial No. 19 of 2024. By that order, the Sessions Court rejected the revisionist’s discharge application and directed the framing of a charge under Section 376 of the IPC in Case Crime No. 42 of 2023, registered at Police Station Laxmanjhula, Pauri Garhwal. At the outset, the High Court allowed an application for condonation of delay (IA No. 1 of 2025). Counsel for the revisionist also stated that an earlier criminal miscellaneous application had been withdrawn.

As recorded in the order, the revisionist and the complainant met through a matrimonial website in April 2023 and were in a relationship thereafter. The FIR alleges that physical relations took place on 30 June 2023 and 15 August 2023, during trips to Rishikesh and Coorg respectively. The order notes that the complaint, which counsel for the revisionist submitted was filed in December 2023, sought action under Section 12 of the Protection of Women from Domestic Violence Act, 2005, and that an FIR was lodged on it subsequently.

Counsel for the revisionist submitted that, even if the contents of the FIR were taken at face value, no offence under Section 376 of the IPC was made out, as the relationship between the two adults was consensual. The State’s counsel submitted that, at the stage of framing of charge, a court need only see whether a prima facie case exists on the material on record and is not expected to conduct a mini-trial. Counsel for the revisionist accepted that a mini-trial cannot be held at that stage, but submitted that sufficient and legally sustainable material must still exist. A counsel holding brief appeared for respondent no. 2.

The High Court observed that the parties were educated adults who entered the relationship voluntarily and were mature enough to understand the nature and consequences of their actions. It stated that the law cannot be invoked “to criminalize the mere failure of a relationship”, and that the dissolution of a relationship does not, by itself, give rise to criminal liability. The Court further noted that the two alleged incidents took place while the parties were vacationing together at tourist destinations alongside common friends, and that no protest or prompt action was taken by the complainant afterwards.

Accordingly, the Court allowed the criminal revision, set aside the order dated 22 April 2025, and quashed the entire proceedings of Sessions Trial No. 19 of 2024 as against the revisionist. No further listing is indicated in the order.

Source:


Case Name: Kunal Bhakat v. State of Uttarakhand

Case Number: Criminal Revision No. 556 of 2025 (CRLR/556/2025)

Bench: Hon’ble Alok Mahra, J. (Single Judge)

Date: 9 October 2026

The content on this page is intended for general informational purposes only and does not constitute legal advice. Dharma Rath Sarthi Legal Consultancy does not assume liability for any action taken in reliance on this content. Readers are advised to seek independent legal counsel for advice specific to their circumstances.


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