Consensual Adolescent Relationship: Uttarakhand High Court Stays Proceedings Before Juvenile Justice Board Against 15-Yr-Old Boy

The High Court was considering a criminal miscellaneous application where it was claimed that both the accused and the victim were approximately 15 years of age.

Referring to the judgment of the Apex Court in State of Uttar Pradesh Vs. Anurudh and another (2026), the Single Bench of Justice Alok Mahra stated, “It was further held that ignoring the consensual nature of a relationship can lead to unjust outcomes, such as wrongful imprisonment. The judicial system should aim to balance the protection of minors with the recognition of their autonomy in certain contexts. Here the age comes out to be an important factor.”

“Considering the submissions advanced by learned counsel for the applicant, it is directed that, till the next date of listing, further proceedings of Inquiry No. 07 of 2026 (Criminal Case No.345 of 2025), pending before learned Juvenile Justice Board, Dehradun, shall remain stayed”, it ordered.

Advocate Snigdha Tiwari represented the Applicant, while Additional Govt Advocate S.C. Dumka represented the Respondent.

Factual Background

An F.I.R. was lodged by the father of the victim, alleging that the applicant had kidnapped his minor daughter. Following the investigation, a charge sheet was filed against the applicant.

Arguments

It was the case of the applicant that in the statement of the victim recorded under Section 180 of the BNSS, the victim had denied any physical relations with the applicant, but had admitted that they had maintained a friendship for the past four years. However, in her statement recorded before the Magistrate, she had admitted that she went to the applicant’s house, invited him to her residence, and they engaged in consensual physical relations. It was further brought to the Court’s notice that the medical examination revealed no evidence of forceful sexual intercourse.

Reasoning

The Bench referred to the judgment of the Apex Court in Anurudh (Supra), wherein it has been held that in cases involving consensual adolescent relationships, the statement of the alleged victim should be given due consideration, and if the relationship is consensual and based on mutual affection, this should be factored into decisions regarding bail and prosecution.

Thus, considering the submissions of the parties and the facts of the case, the Bench directed that, till the next date of listing, further proceedings pending before the Juvenile Justice Board, Dehradun, should remain stayed. The Bench directed the matter to be listed after the receipt of the service report. 

Cause Title: S v. State of Uttarakhand (Case No.: C528/496/2026)

Appearance

Applicant: Advocates Snigdha Tiwari, Abhijay Negi, Ayush Pokhriyal

State: Additional Govt Advocate S.C. Dumka

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