SUNIL DHEK vs STATE OF UTTARAKHAND

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Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures

SL.
Date
No.
COURT’S OR JUDGE’S ORDERS
C482/411/2023


Hon’ble Alok Mahra, J.
Ms. Pushpa Joshi, learned senior
counsel assisted by Ms. Nipushmola
Joshi and Mr. Rohit Kumar, learned
counsel for the applicant.
2. Mr. Pratiroop Pande, learned A.G.A.
along with Mr. Manoj Bhatt, learned
Brief Holder for the State.
3. The present application under
Section 482 Cr.P.C. has been filed
seeking quashing of the chargesheet,
cognizance/summoning order as well as
the entire proceedings arising out of
F.I.R. No. 513 of 2022 dated 24.07.2022,
registered under Sections 376, 313 and
506 I.P.C. at Police Station Patel Nagar,
District Dehradun, pending before the
court of learned Chief Judicial
Magistrate, Dehradun.
4. Learned Senior Counsel appearing
for the applicant would submit that
respondent no.4/complainant lodged the
aforesaid F.I.R. alleging therein that she
was in a love relationship with the
applicant since the year 2020 and during
the subsistence of the said relationship,
physical relations were established
between them. It is submitted that both
the applicant and respondent no.4
remained in a consensual relationship
for about four years. Learned Senior
Counsel would further submit that
respondent no.4 was approximately 28
years of age at the relevant time and was
employed in a Government department

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at Dehradun where the applicant was
also working.
5. Learned Senior Counsel would
further submit that as per the
prosecution case itself, respondent no.4
alleged that the applicant established
physical relations with her on the false
promise of marriage and that she came
to know in August, 2021 that the
applicant was already married. However,
despite having knowledge of the marital
status of the applicant, respondent no.4
continued her relationship with him
thereafter and both of them travelled
together to several places. It is further
submitted that respondent no.4 was fully
aware about the marital status of the
applicant and had even congratulated
him on a WhatsApp group upon the birth
of his baby girl on 01.09.2021. Thus, it
is contended that the allegations of
sexual intercourse on false promise of
marriage are wholly misconceived and
not borne out from the material available
on record.
6. Learned Senior Counsel would
further submit that in her statements
recorded under Sections 161 and 164
Cr.P.C., respondent no.4 herself
admitted that she had come to know
about the applicant being married and
having children as early as September,
2021 and despite such knowledge, she
voluntarily continued the relationship
with the applicant. It is argued that the
F.I.R. came to be lodged subsequently on
24.07.2022 only due to personal discord
between the parties. It is also submitted
that the medical examination report does
not indicate any signs of forceful sexual

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intercourse.
7. Learned Senior Counsel would
further submit that the entire dispute
arises out of a consensual relationship
between two adults and there was
neither any force nor coercion exercised
by the applicant upon respondent no.4
for establishing physical relations. It is
submitted that the criminal proceedings
have been initiated only with an ulterior
motive to pressurize the applicant to
divorce his legally wedded wife and
marry respondent no.4. Therefore, no
offence punishable under Section 376
I.P.C. is made out against the applicant.
8. Per contra, learned State Counsel
vehemently opposed the submissions
advanced on behalf of the applicant and
submitted that serious allegations have
been levelled against him. However,
learned State Counsel does not dispute
the fact that the applicant and
respondent no.4 were working at the
same place and were acquainted with
each other.
9. Heard learned counsel for the
parties and perused the material
available on record.
10. Upon consideration of the
allegations levelled in the F.I.R., the
statements of the prosecutrix recorded
under Sections 161 and 164 Cr.P.C., and
the material collected during
investigation, this Court finds that
respondent no.4 was a major, educated
and consenting woman, who was fully
aware of the marital status of the
applicant since September, 2021.
Despite such knowledge, she voluntarily
continued her relationship with the

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applicant for a considerable period. The
material available on record prima facie
reflects that the relationship between the
parties was consensual in nature and
arose out of a prolonged emotional
association between two adults.
11. In the facts of the present case, the
allegations contained in the F.I.R. and
the material collected during
investigation, even if taken at their face
value, do not disclose the essential
ingredients of the offences alleged
against the applicant, thus, continuation
of the criminal proceedings, therefore,
would amount to an abuse of the process
of the Court.
12. Accordingly, the present application
under Section 482 Cr.P.C. is allowed.
The chargesheet,
cognizance/summoning order, as well as
the entire proceedings arising out of
F.I.R. No. 513 of 2022 dated 24.07.2022,
registered under Sections 376, 313 and
506 I.P.C. at Police Station Patel Nagar,
District Dehradun, pending before the
court of learned Chief Judicial
Magistrate, Dehradun, are hereby
quashed.
13. Pending applications, if any, shall
also stand disposed of accordingly.


(Alok Mahra, J.)
12.05.2026
Mamta

MA
MTA
RANI








Digitally signed by MAMTA
RANI
DN: c=IN, o=HIGH COURT OF
UTTARAKHAND, ou=HIGH
COURT OF UTTARAKHAND,
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9a6d67ebbd642671329b,
postalCode=263001,
st=Uttarakhand,
serialNumber=5de1751a4f1d
9cabfd54852c9e68911ca8b66
dd26690a191648ab5d8dd00
4ef0, cn=MAMTA RANI
Date: 2026.05.18 11:39:16
+05'30'

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