Arman And Ors vs State Of Uttarakhand

Hon'ble Alok Mahra, J.

By means of this writ petition, petitioner has sought quashing of F.I.R./Case Crime No. 614 of 2026, under Sections 5(j)(ii), 5(l) and 6 of POCSO Act and Section 127, 137(2), 351(3), 352, 64(2) of BNS, registered at Police Station Laksar, District Haridwar.

The case of the prosecution is that respondent no. 4, who was minor at the time of the incident, was induced by petitioner no. 1, who also made physical relations with her.

Now, a compounding application, jointly signed by learned counsel for respondent nos. 3 and 4 and learned counsel for the petitioners, has been filed duly supported by affidavits of the parties.

It is also pleaded in the writ petition that marriage between petitioner no. 1 and respondent no. 4 was solemnized on 23.04.2025 and at present, respondent no. 4 is eight months pregnant. It is also informed to this Court that petitioner no. 1 is in judicial custody.

Learned counsel for the petitioners submits that the parties have now entered into a settlement, therefore, the matter needs to be compounded.

Learned counsel for respondent nos.3 and 4 submits that dispute has now been amicably settled between the parties, therefore, his client wants to close the matter to ensure that peace is restored.

Today, petitioners and respondent nos. 3 and 4 are present before this Court through video conferencing, who are duly identified by their counsels.

Both the parties also made a statement that, in view of the settlement, they want to close the matter. As such, the complainant does not want to proceed further with the case.

Having regard to the nature of offence and also considering the broad guidelines issued by Hon’ble Apex Court in the case of Gian Singh Vs State of Punjab reported in (2012) 10 SCC 303 and Narinder Singh & others Vs State of Punjab & another reported in (2014) 6 SCC 466, request of the petitioner deserves to be acceded to.

Since the parties have entered into a compromise, therefore, possibility of the trial resulting into conviction of the accused is remote and bleak and, that being so, continuation of criminal proceedings would visit the accused with great oppression, prejudice and injustice. Rather, it would tantamount to abuse of process of law. Ends of justice would be met if criminal proceedings are put to an end, because this would allow the parties to translate their decision to live in peace in the reality. Resolution of a dispute by way of a compromise between two warring groups, therefore, should attract the immediate and prompt attention of a Court which should endeavour to give full effect to the same unless such compromise is abhorrent to lawful composition of the society or would promote savagery.

In view of above discussion, the writ petition is allowed. Consequently, F.I.R./Case Crime No. 614 of 2026, under Sections 5(j)(ii), 5(1) and 6 of POCSO Act and Section 127, 137(2), 351(3), 352, 64(2) of BNS, registered at Police Station Laksar, District Haridwar, is hereby quashed along with all the proceedings emanating therefrom.

Petitioner no. 1 is in judicial custody. He shall be released from judicial custody forthwith, if not wanted in any other case.

Compounding application is, accordingly, disposed of.