Extracted from the PDF above. The PDF is authoritative.
SL . N o. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS UKHC010107132026
2026:UHC:5048
WPCRL No. 1150 of 2026 Deepak Sharma
... Petitioner Vs. State of Uttarakhand and Others ... Respondents. Hon’ble Alok Mahra, J.
Mr. D.K. Sharma, learned Senior Advocate assisted by Mr. Abhishek Joshi, learned counsel for the petitioner.
2. Mr. Vijay Pal, learned A.G.A. for the State of Uttarakhand.
3. Ms. Reema Rana,
learned counsel for respondent nos. 3 and 4.
4. By means of the present writ petition, the petitioner has sought quashing of F.I.R. No. 0139 dated 07.05.2026, registered for the offences punishable under Sections 65 read with 62, 74 and 75 of the Bharatiya Nyaya Sanhita, 2023 and Sections 9/10 and 11/12 of the Protection of Children from Sexual Offences Act, 2012, at Police Station Ramnagar, District Nainital, along with all consequential proceedings arising therefrom.
5. The F.I.R. was lodged on the allegation that the complainant's husband, i.e. the present petitioner, is addicted to intoxicants and, while under the influence of alcohol, used to send obscene and filthy messages through WhatsApp to the mobile phone of the complainant's unmarried daughter, aged about 22 years. It is further alleged that the petitioner used to tease and misbehave with the said girl.
6. A compromise application, jointly signed by
learned counsel for the petitioner and learned counsel for respondent nos. 3 and 4 and duly supported by the affidavits of the brother of the petitioner (as the petitioner is presently in judicial custody) and respondent nos. 3 and 4, has been filed before this Court.
7.
Learned counsel for the petitioner submits that the messages in-question were sent by the petitioner while he was under the influence of alcohol and that the same were wholly unintentional. It is submitted that the petitioner has realized his mistake, is sincerely remorseful and has tendered an unconditional apology to respondent nos. 3 and 4. It
is further submitted that the dispute is purely personal and domestic in nature and has now been amicably settled between the parties. Therefore, no useful purpose would be served by continuing the criminal proceedings.
8.
Learned counsel appearing for respondent nos. 3 and 4 submits that all disputes between the parties have been amicably resolved. It is submitted that respondent nos. 3 and 4 have voluntarily entered into the compromise of their own free will and no longer wish to pursue the criminal proceedings against the petitioner in order to maintain peace and harmony within the family.
9. Today, respondent nos. 3 and 4 are present before this Court and have been duly identified by their learned counsel. The petitioner is in judicial custody.
10. Respondent nos. 3 and 4 have categorically stated before this Court that they have entered into the compromise voluntarily, without any pressure, coercion or undue influence. They further state that they have no objection if the impugned F.I.R. and all consequential proceedings are quashed.
11. This Court has interacted with respondent nos. 3 and 4 and is satisfied that the compromise has been entered into voluntarily and out of their own free will.
12. Having heard learned counsel for the parties and having perused the material available on record, this Court finds that the parties have amicably settled their disputes. In view of the settlement so arrived at and considering the
facts and circumstances of the present case, the possibility of conviction appears to be remote and bleak. Continuation of the criminal proceedings would serve no useful purpose and would amount to an abuse of the process of law.
13. Having regard to the principles laid down by the Hon'ble Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303 and Narinder Singh & Others v. State of Punjab & Another, (2014) 6 SCC 466, and considering the peculiar
facts and circumstances of the present case, this Court is of the considered opinion that the ends of justice would be served by quashing the criminal proceedings.
14. Accordingly, the Writ Petition is allowed. F.I.R. No. 0139 dated 07.05.2026, registered under Sections 65 read with 62, 74 and 75 of the Bharatiya
Nyaya Sanhita, 2023 and Sections 9/10 and 11/12 of the Protection of Children from Sexual Offences Act, 2012, at Police Station Ramnagar, District Nainital, along with all consequential proceedings arising therefrom, is hereby quashed. Liberty is granted to the petitioner, who is in jail, to approach the Court concerned for obtaining the order for his release.
15. Learned counsel for the petitioner informed the Court that petitioner is in jail. Since both the parties have entered into compromise, therefore, petitioner is acquitted of the charge of offence punishable under the aforesaid sections. He shall be released forthwith without executing personal bond and without furnishing any surety.
16. Compounding Application is, accordingly,
disposed of.
17. Pending applications, if any, shall also stand
disposed of.
(Alok Mahra, J.)
18.06.2026 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=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639 b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18 FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2026.06.18 16:43:34 +05'30'