Prakash Kumar Alias Hanni v. State of Uttarakhand

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGE'S ORDERS

WPCRL/1094/2026

Prakash Kumar Alias Hanni --Petitioner Versus State Of Uttarakhand and Others --Respondents Hon'ble Alok Mahra, J.

Mr. Mohit Kumar Kashyap, learned counsel for the petitioner.

Mr. Dinesh Chauhan, learned A.G.A. for the State of Uttarakhand.

Mr. Mohd. Imran, learned counsel for respondent no. through video conferencing.

¶2By means of the present writ petition, the petitioner seeks quashing of the F.I.R. No. 0155 of 2026, registered under Sections 115(2), 351(2), and 65(1) of the Bharatiya Nyaya Sanhita, 2023, at Police Station ITI, District Udham Singh Nagar, along with all consequential proceedings arising therefrom.

¶3A Compounding Application, jointly signed by learned counsel for the petitioner and learned counsel for respondent no. 3, duly supported by the affidavits of both the petitioner as well as respondent no. 3, has been filed before this Court.

¶4Learned counsel for the petitioner submits that the offence under Section 65(1) of the B.N.S., 2023 is not made out, as the complainant is above 30 years of age.

¶5Learned counsel appearing for respondent no. 3 submits that all disputes between the parties have been amicably resolved. She no longer wishes to pursue the criminal proceedings against the petitioner in order to maintain peace and harmony.

¶6Today, the petitioner and respondent no. 3 are present before this Court and have been duly identified by their respective learned counsel.

¶7This Court interacted with respondent no. 3/complainant, who submitted that certain altercations had taken place between the parties, pursuant to which the present F.I.R. was lodged. She further stated that she has no objection if the impugned F.I.R., along with all consequential proceedings arising therefrom, is quashed.

¶8This Court is satisfied that the compromise has been entered into voluntarily, without any coercion or undue influence, and out of the free will of the complainant.

¶9Learned State Counsel opposed the compounding application on the ground that the offence under Section 65(1) of the B.N.S., 2023 is non-compoundable.

¶10Having 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 disputes. Respondent no. 3 does not wish to pursue the criminal proceedings. In view of the settlement and considering 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.

¶11Accordingly, the present Criminal Writ Petition is allowed. The F.I.R. No. 0155 of 2026, registered under Sections 115(2), 351(2), and 65(1) of the Bharatiya Nyaya Sanhita, 2023, at Police Station ITI, District Udham Singh Nagar, along with all consequential proceedings arising therefrom, is hereby quashed.

¶12The Compounding Application stands disposed of accordingly.

¶13Pending applications, if any, shall also stand disposed of.

(Alok Mahra, J.) 20-07-2026 SB

SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf63 9b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F 18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2026.07.20 18:50:46 +05'30'