Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 11248 (UTT)

ARUN KUMAR AND ANR v. STATE OF UTTARAKHAND

WPCRL/1040/2025 · 2025-09-12

Ashish Naithani

Writ Petition (Criminal)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:8171 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS IA No.01 of 2025 (Compounding Application) In WPCRL No. 1040 of 2025 Hon’ble Ashish Naithani, J. Mr. Vikas Kumar Guglani, learned counsel for the Petitioners. 2. Mr. B. C. Joshi, learned A.G.A. assisted by Mr. Vikash Uniyal, learned Brief Holder for the State. 3. Mr. Rishabh Bisht, learned counsel for Respondent no.3. 4. The present writ petition (criminal) under Article 226 of the Constitution of India is filed on behalf of the Petitioners, Arun Kumar (in jail) S/o Shri Dinesh Kumar and Dinesh Kumar against the Respondent in particularly Respondent no.3, Reena (complainant) D/o Shri Ram Keval; the present writ petition comes with the prayer to quash the F.I.R. No.0245 of 2025 dated 15.08.2025, for the offences punishable under Sections 115(2), 3, 351(2), 352, 64 of BNS, 2023, at P.S. Transit Camp, District Udham Singh Nagar. 5. Heard. 6. Admit. 7. Learned counsel for the Parties jointly make a statement that the parties have come into the terms of compromise as they wish to marry each other; it is said that the present matter relates to adults having physical relationship and there is allegation that that was made on the pretext of marriage and hence the present petition is filed. 8. Compounding Application (IA No.01 of 2025) is also annexed with the signatures of the Petitioner no.2 and Respondent no.3 with the present petition that is supported with the affidavits of the Petitioner no.2 and Respondent no.3 2025:UHC:8171 and the said application is being endorsed by the learned counsel for the Petitioners and Respondent no.3, Mr. Vikas Kumar Guglani, Advocate and Mr. Rishabh Bisht, Advocate respectively. 9. Learned counsel for the parties further submit that the Petitioner no.1, Arun Kumar is in jail (Haldwani). 10. In the interest of justice, let direction be issued to the Jailer concerned for appearance of Petitioner no.1 through V.C. at 3:00 PM today. 11. Pre-lunch, it was noted whereby this Court had interacted with Respondent no.3, Reena, who had made a statement before this Court that she is willing to forgo all the allegations so made so far and is also ready to marry the Petitioner no.1, Arun Kumar S/o Shri Dinesh Kumar, presently under the judicial custody in the present matter. 12. After lunch, as per order of the Court, Jailer, Sub-Jail Haldwani makes an appearance through V.C. of Petitioner no.1, who is in judicial custody. 13. After interacting with the parties, the grounds are sufficient for allowing the compounding application as the Petitioner no.1 has submitted that he wishes to marry Respondent no.3; Petitioners and Respondent no.3 have submitted that the dispute has been settled amicably between the parties, now there is no dispute between them and Petitioner no.1 and Respondent no.3 have now mutually decided to get married and now they are majors in age, Respondent no.3 does not want to pursue the case against the Petitioners, therefore, the proceedings and other consequential order, if any, arising out of the F.I.R. in question may be quashed. 14. Learned State counsel poses his objection in this regard. 2025:UHC:8171 15. In view of the principle of law laid down by Hon'ble the Apex Court in the case of “Gian Singh vs. State of Punjab” reported in 2012 (10) SCC 303 as well as in Transfer Petition (Criminal) No. 115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, criminal proceedings can be quashed by this Court, if this Court is satisfied with the facts and circumstances of the case. 16. Keeping in view of the totality of the facts and circumstances of the case, this Court is of the view that ends of justice would be met, if the entire proceedings against the Applicant are hereby quashed. 17. In view of the above, the compounding application is allowed. The F.I.R. No.0245 of 2025 dated 15.08.2025, for the offences punishable under Sections 115(2), 3, 351(2), 352, 64 of BNS, 2023, at P.S. Transit Camp, District Udham Singh Nagar, is hereby quashed against the Petitioners. 18. The concerned Jailer is directed to release the Petitioner no.1, Arun Kumar forthwith, as the matter has been settled between the parties in connection with the aforesaid FIR. 19. Accordingly, the present writ petition (criminal) under Article 226 of the Constitution of India is, thus, disposed of in terms of the compromise arrived at between the parties. 20. Registry is directed to send a copy of this order to the Jailer, Sub-Jail Haldwani, District Nainital for onward compliance of this order. (Ashish Naithani, J.) 12.09.2025 Akash AKASH Digitally signed by AKASH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, 2.5.4.20=dae2472c001d56469ea76fc0caa68f48ef73518c148d140566a b1e26f9cbe61d, postalCode=263001, st=Uttarakhand, serialNumber=27096a1625377537a487dee49224c891823fc6a033462 8b21e516047ed4f22f7, cn=AKASH Date: 2025.09.15 18:15:40 +05'30'