Azeem vs State Of Uttarakhand

Hon'ble Alok Mahra, J.

By means of the present Criminal Writ Petition, the petitioner seeks quashing of the F.I.R. dated 01.06.2026, being F.I.R./Case Crime No. 138 of 2026, registered under Sections 123 and 69 of the Bharatiya Nyaya Sanhita, 2023 (B.N.S.), at Police Station Bahadrabad, District Haridwar, along with all consequential proceedings arising therefrom.

Respondent no. 3, who is the father of the victim, lodged the impugned F.I.R. under Sections 123 and 69 of the B.N.S., 2023, alleging therein that the petitioner established physical relations with the victim on the false pretext of marriage.

Per contra, learned counsel for the petitioner submits that both the petitioner and the victim were major and that, if any physical relationship was established between them, the same was consensual. It is further submitted that the parties have amicably settled their dispute and a Compounding Application has been filed before this Court.

A Compounding Application, jointly signed by learned counsel for the petitioner and learned counsel for respondent no. 3 and duly supported by the affidavits of the petitioner as well as respondent no. 3, has been filed before this Court, wherein it has been stated that the impugned F.I.R. came to be lodged due to some misunderstanding between the parties.

Learned counsel for the parties submit that all disputes between the parties have been amicably resolved.

Today, the petitioner and respondent no. 3 are present before this Court through video conferencing and have been duly identified by their respective learned counsel.

Respondent no. 3 has categorically stated before this Court that the impugned F.I.R. was lodged due to some misunderstanding and that he does not wish to pursue the criminal proceedings arising therefrom.

This Court has interacted with respondent no. 3 and is satisfied that the compromise has been entered into voluntarily, without any coercion, undue influence or pressure, and out of his own free will.

Learned State Counsel opposed the compounding application.

Having heard learned counsel for the parties and upon perusal of the material available on record, this Court finds that the parties have amicably settled their dispute. In view of the settlement arrived at between the parties and the peculiar facts and circumstances of the 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.

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 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 impugned F.I.R. and all consequential proceedings arising therefrom.

Accordingly, the Criminal Writ Petition is allowed. F.I.R./Case Crime No. 138 of 2026, registered under Sections 123 and 69 of the B.N.S., 2023, at Police Station Bahadrabad, District Haridwar, along with all consequential proceedings arising therefrom, is hereby quashed.

Consequently, the Compounding Application also stands disposed of.

Pending applications, if any, shall also stand disposed of.