Extracted from the PDF above. The PDF is authoritative.
No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
C482 No.559 of 2022 Hon ’ble Alok Mah r a, J.
Mr. Nandan Arya, Advocate for the applicant.
Mr. S.C. Dumka, A.G.A. for the State of Uttarakhand.
Mr. Bhuwnesh Joshi, Advocate for respondent no.2.
2. Reasons furnished in the restoration application are sufficient to allow the restoration application. Consequently, restoration application (MCRC No.7 of 2026) is allowed.
Order dated 09.03.2026 passed by this Court is recalled and the criminal misc. application is restored to its original number.
3. Present C-528 application is filed with the prayer to set-aside/ quash the charge sheet dated 09.12.2021, cognizance/ summoning
order dated 17.12.2021 and the entire proceedings of Criminal Case No.1237 of 2021, pending in the Court of learned Chief Judicial Magistrate, Almora, District Almora on the basis of compromise between the parties.
4. An F.I.R. was lodged by the complainant alleging that the applicant established physical relations with her on the false promise of marriage and subsequently compelled her to undergo abortion. Upon completion of investigation, the police submitted a
charge-sheet against the applicant, whereafter the learned Magistrate took cognizance and summoned the applicant to face trial.
5. Learned counsel for the applicant submits that both the applicant and respondent no.2 were major at the time of the alleged incident and had been in a consensual relationship since 2018. It is further submitted that the parties have now amicably resolved their dispute and entered into a compromise. In this regard, a compounding application being I.A. No. 8 of 2026 has also been filed, praying that the offences in question be compounded in view of the settlement arrived at between the parties.
6. Applicant and respondent no.2 are present before the Court today, who have been duly identified by their
learned counsel. It is submitted that the complainant has already filed an affidavit in support of the compounding application, affirming the factum of compromise arrived at between the parties.
7. It is jointly submitted that all disputes and differences between the parties have been amicably settled and resolved.
8. Learned State Counsel vehemently opposed the compounding application.
9. Hon'ble Supreme Court, in a catena of its judgments, has observed that in cases where because of the compromise arrived at between the parties, possibility of conviction is remote and
bleak, the High Court may quash the criminal proceedings as continuation of the same would cause great prejudice and injustice to the accused.
10. In the present case, it is evident that the relationship between the parties was consensual in nature. Both parties were major at the time of alleged incident and were fully aware of the consequences of their conduct. Therefore, no offence under Section 376 I.P.C. is made out against the applicant.
11. Following the aforesaid ratio, present compounding application is allowed. The offences between the parties are permitted to be compounded. As a result, entire proceedings of Criminal Case No.1237 of 2021, pending in the Court of learned Chief Judicial Magistrate, Almora, District Almora, are hereby quashed.
12. C-528 application stands disposed of.
( Alok Mah r a, J.)
02.05.2026 Arpan
ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20 dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB 987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.05.02 17:55:40 +05'30'