Narendra Prasad and Ors 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/821/2025 Narendra Prasad And Ors --Petitioners Versus State Of Uttarakhand and Others --Respondents Hon'ble Alok Mahra, J.

Mr. Kirti Sharan Agarwal, learned counsel for the petitioners.

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

Mr. Chandra Prakash, learned counsel for respondent no. 3.

¶2By means of the present Criminal Writ Petition, petitioners seek quashing of the F.I.R. dated 20.05.2025, registered as F.I.R. No. 0157 of 2025, under Sections 351(2), 352, 82(2), 85 and 89 of the Bharatiya Nyaya Sanhita, 2023, and Sections 3 and 4 of the Dowry Prohibition Act, 1961, at Police Station Ram Nagar, District Nainital, along with all consequential proceedings arising therefrom.

¶3A Compounding Application, jointly signed by the learned counsel for the petitioners and the learned counsel for respondent no. 3, duly supported by the affidavits of petitioner no. 1 as well as respondent no. 3, has been filed before this Court.

¶4Learned counsel for the petitioners submitted that, due to network connectivity issues caused by inclement weather, petitioner nos. 3 to 6 could not join through video conferencing despite their efforts to do so.

¶5Respondent no. 3 submitted that a petition under Section of

Uttarakhand Uniform Civil Code, 2024 has already been instituted between the parties and the first motion has been recorded. It was further submitted that, in terms of the settlement arrived at between the parties, all criminal and civil proceedings instituted by either side are to be withdrawn before the second motion is recorded.

¶6Be that as it may, learned counsel for parties submitted that all disputes between the parties have been amicably resolved and that respondent no. 3 has no grievance whatsoever against the petitioners.

¶7Today, petitioner nos. 1 and 2 and respondent no. 3 are present before this Court and have been duly identified by their respective learned counsel.

¶8Respondent no. 3 has categorically stated before this Court that she has entered into the compromise voluntarily, of her own free will and without any coercion, undue influence or pressure. She further stated that she has no objection if the impugned F.I.R. and all consequential arising therefrom are quashed.

¶9Learned State Counsel opposed the Compounding Application on the ground that the offences punishable under Sections 82(2), 85 and 89 of the Bharatiya Nyaya Sanhita, 2023 are 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 all their disputes. Respondent no. 3 does not wish to pursue the criminal proceedings any further. In view of the settlement arrived at between the parties and peculiar facts and circumstances of the case, the possibility of conviction appears to be remote and

bleak. Continuation of the criminal would serve useful purpose and would amount to an abuse of the process of the Court.

¶11Having regard to the principles laid down by the Hon'ble Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, as well as in Narinder Singh v. State of Punjab, (2014) 6 SCC 466, and considering 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 arising therefrom in exercise of its extraordinary jurisdiction under Article 226 of the Constitution of India.

¶12Accordingly, Criminal Writ Petition is allowed. The F.I.R. dated

20.05.2025, registered as F.I.R. No. 0157 of 2025, under Sections 351(2), 352, 82(2), 85 and 89 of the Bharatiya Nyaya Sanhita, 2023, and Sections 3 and 4 of the Dowry Prohibition Act, 1961, at Police Station Ram Nagar, District Nainital, along with all consequential proceedings arising therefrom, is hereby quashed.

¶13Consequently, the Compounding Application stands disposed of.

¶14Pending applications, if any, shall also stand disposed of.

(Alok Mahra, J.) 30-07-2026 SB

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

2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa 08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF 0A9BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2026.07.30 17:53:19 +05'30'