Extracted from the PDF above. The PDF is authoritative.
SL. No.
Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures
COURT’S OR JUDGE’S ORDERS
WPCRL No. 232 of 2026 Hon'ble Rakesh Thapliyal, J.
1. Mr. Lalit Sharma, learned counsel for the petitioner. 2. Mr. Tumul Nainwal, learned A.G.A. with Ms. Sweta Dobhal, learned Brief Holder for the State. 3. Mr. Vivek Sanguri, learned counsel for the complainant. 4. The instant writ petition has been preferred by the petitioner Ashraf Ahmad under Article 226 of the Constitution of India for quashing of the FIR 08.01.2026, bearing FIR No. 0007 of 2026, registered at P.S. Kiccha District U.S. Nagar lodged for the offences punishable under Sections 351(2), 352, 64 of BNS 2023 read with Section 5/6 of the POCSO Act. 5. In the FIR as many as six persons were implicated including the petitioner. The remaining persons are family members of the petitioner. As per the allegation, as alleged, in the FIR both the petitioner and the victim, respondent no. 3 herein were in love with each other but some differences were arose and the petitioner refused to marry with the victim. Consequently, the FIR was lodged by the victim implicating the petitioner and his family members. 6. Now in the instant petition, the petitioner is praying for quashing of the FIR by enclosing the compounding application being IA No. 2 of 2026
wherein it is contended that the petitioner and his family members are agreeable for marriage with the victim and the family members of the victim are also agree for their marriage. 7. The compounding application is supported with the affidavit of the father of the petitioner Jaleel Ahmad who is also present in Court. The victim, at the time of the alleged incident, was minor but at the time of the lodging of the FIR she became major and is the respondent no. 3 herein, who is also present in Court along with her mother Mrs. Ashiya. Compounding application is supported with the affidavit of respondent no. 3- victim, though, the affidavit of the mother is not filed in support of the compounding application. 8.
It has been apprised to this Court that during investigation all the family members of the petitioner have been exonerated and the investigation is going on only against the petitioner and so far as penal provision relating to the POCSO Act is concerned, same has also been deleted and only for the offence punishable under Section 69 of BNS 2023 the investigation is going on. It has also been informed to this Court that the petitioner is in jail. 9. Father of the petitioner is identified by his counsel and the victim and her mother are also identified by their counsel. Xerox copies of the Aadhar Card signed by the parties themselves and attested by their respective learned counsel are filed and kept on record. 10. An averment has been made in the compounding application that the petitioner herein, who is in jail, is ready to marry with the victim and this fact has
also been verified by the mother of the victim. This Court also interact with the victim and her mother as well as father of the petitioner and both of them are agreeable for their marriage. The victim also submits that she does not want to pursue the FIR. 11. Mr. Tumul Nainwal, learned A.G.A. for the State submits that the offence in respect of which investigation is going on though is non-compoundable but have not disputed that at the time of lodging of the FIR the victim was major. He also fairly submits that if both the parties are agreeable for their marriage then there is no useful purpose to go with the investigation as the same is nothing but would be a futile exercise. 12.
Having heard learned counsel for the parties and taking into consideration that the parties have settled their dispute particularly the petitioner who is in jail who is ready to marry with the victim and father of the petitioner and mother of the victim are also agreeable for their marriage, this Court is of the view there is no useful purpose to go with the investigation pursuant to the FIR lodged by respondent no. 3. 13. In such view of the matter compounding application is allowed. Accordingly, writ petition is also allowed. Impugned FIR dated 08.01.2026 bearing FIR No. 0007 of 2026 registered at P.S. Kiccha District U.S. Nagar is also hereby quashed. Consequently, the petitioner be released forthwith. (Rakesh Thapliyal, J.) 10.02.2026 Parul