2025:UHC:9120 SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPCRL No. 1239 of 2025 Hon’ble Ashish Naithani, J . Mr. Parikshit Saini, learned counsel for the Petitioner. 2. Mr. G.C. Joshi, learned A.G.A. for the State of Uttarakhand. 3. Ms. Shazia Siddiqui, learned counsel for Respondent No. 3. 4. The present Criminal Writ Petition, filed under Article 226 of the Constitution of India, has been instituted by the Petitioner–Kuldeep Singh, against the Respondents, particularly Respondent No. 3, with the following prayer: “(i) A writ, order or direction in the nature of certiorari quashing the impugned F.I.R., registered as Case Crime No. 134 of 2024, under Sections 323, 342, 376-D, 504, 506 of the I.P.C., Police Station Khanpur, District Haridwar.” 5. Today, the matter is listed for disposal of I.A. No. 01 of 2025 (Paper No. 15), being an application for compounding of offences. The application has been filed on the ground that the parties have amicably resolved their dispute, which had essentially arisen out of matrimonial discord. It is stated that the parties have now arrived at a mutual compromise and wish to bring the proceedings to a close. 6. The application has been duly signed by both parties and endorsed by their respective learned counsel, Mr. Parikshit Saini for the Petitioner and Ms. Shazia Siddiqui, learned counsel for Respondent No. 3. Affidavits in support of the application have 2025:UHC:9120 also been filed. 7. Learned State Counsel opposes the Compounding Application on the ground that the present matter is of a serious nature. It is submitted that, as per the F.I.R., the victim, who is Respondent No. 3 and the wife of the Petitioner, has made grave allegations that the Petitioner exploited her in a vulgar manner by bringing his friends and subjecting her to sexual assault, which is a heinous act and morally, socially, and ethically degrading. Therefore, it is argued that the compounding application should not be entertained. 8. The Petitioner and Respondent No. 3 are present in person before this Court and have been duly identified by their respective counsel. 9. After interacting with the parties, particularly the victim, this Court notes that she has two children, the elder being aged about fourteen years and the younger about eight years. She submits that the allegations made in the First Information Report were the result of mental distress and misunderstanding arising out of matrimonial discord. She further states that, keeping in view the welfare of her children and the future harmony of the family, she now wishes to withdraw from further prosecution and compound the matter. The Petitioner–husband, when questioned, affirms that he has no objection, and submits that the compounding application may be allowed. 10. Upon further interaction with the victim, and in order to satisfy itself regarding the voluntariness and genuineness of the compromise, this Court specifically inquired from her whether she desired that any fine be imposed upon the Petitioner. She 2025:UHC:9120 answered in the negative, thereby indicating that her decision to compound the offences is voluntary, bona fide, and without any coercion or undue influence. 11. Considering the nature and seriousness of the offences alleged, this Court is conscious that, ordinarily, such offences are not to be compounded at this stage of the proceedings. However, in view of the peculiar facts of the present case, where the dispute arose entirely out of a matrimonial relationship and the parties have now amicably resolved their differences to secure the welfare of their minor children, this Court finds that no useful purpose would be served by continuing the criminal prosecution. 12. This Court is conscious of the fact that the offences alleged under Section 376-D of the Indian Penal Code are non- compoundable in nature and relate to matters of grave societal concern. Nonetheless, it is equally well settled that the High Court, in exercise of its inherent powers under Section 482 of the Code of Criminal Procedure or in writ jurisdiction under Article 226 of the Constitution of India, may, in exceptional circumstances, quash criminal proceedings where the dispute is predominantly personal or matrimonial in character and the continuation of such proceedings would result in abuse of the process of law or cause manifest injustice. 13. In the present case, the alleged incident emanates from matrimonial discord between the husband and wife, who have now amicably resolved their differences and decided to live together peacefully in the interest of their children. If the criminal proceedings are permitted to continue, it would only 2025:UHC:9120 inflict further mental agony upon the victim, compelling her to repeatedly relive the trauma by deposing before various forums ; first before the investigating officer under Section 161 of the Code, then before the Magistrate under Section 164 Cr.P.C., and again during the course of trial on oath before the Court. 14. In the totality of the circumstances, and having regard to the welfare of the victim, her minor children, and the broader interest of justice, this Court is of the considered opinion that the compromise arrived at between the parties is genuine, voluntary, and bona fide. The continuation of criminal proceedings would serve no useful purpose and would only prolong the mental and emotional hardship of the parties. Accordingly, the Compounding Application (I.A. No. 01 of 2025) is allowed, and the compromise entered into between the parties is accepted. 15. Consequently, the impugned F.I.R., registered as Case Crime No. 134 of 2024, under Sections 323, 342, 376-D, 504, 506 I.P.C., Police Station Khanpur, District Haridwar, is hereby quashed insofar as it relates to the present Petitioner, in terms of the compromise. 16. The Criminal Writ Petition stands disposed of accordingly. 17. All pending applications, if any, also stand disposed of. (Ashish Naithani, J.) 14.10.2025 Shiksha SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd4 0bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D 205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.10.14 17:50:25 +05'30'