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2025 Supreme(Online)(UK) 1620

HIGH COURT OF UTTARAKHAND
Pankaj Purohit, J
Rajneesh @ Rajni Ray and Another – Appellant
Versus
State of Uttarakhand and Ors. – Respondent
Writ Petition Criminal No. 605 of 2025



Advocates:
For the Appellants/Petitioners: Ms. Anupriya Ray, Mr. Saurabh Bodhori
For the Respondents: Mr. Bhaskar Chandra Joshi, Mr. Pankaj Semwal

The court affirmed a settlement in a matrimonial dispute, allowing compounding of offences when both parties agree, reinforcing interests of justice.

Headnote:(A) B.N.S. Act, 2023 - Sections 115(2), 351(3), 352 - Compounding of matrimonial dispute - Petitioners challenge FIR under the Act, citing compromise between parties - Burden of proof shifted to parties showing amicable resolution - Court affirms settlement and quashes FIR. (Paras 2, 8, 9)

(B) Criminal Procedure - Compounding of offences - Court permits compounding of offences which are compoundable, ensuring fairness and justice prevail, as both parties wish to withdraw allegations. (Paras 5, 7)

Facts of the case:
Petitioners challenge the First Information Report dated 04.05.2025, citing a settlement reached between them and the complainant after an amicable resolution to a matrimonial dispute.

Findings of Court:
The court concluded that allowing the compounding application was appropriate given the clear settlement between the parties, thereby rendering potential convictions unlikely.

Issues: The court examined the legitimacy of a compromise agreement in a criminal context and its effect on ongoing proceedings.

Ratio Decidendi: Since the parties successfully arranged terms of settlement, the continuation of legal actions would not serve justice, leading to the acceptance of the compromise and quashing of the FIR.

Result: The writ petition is allowed.

Table of Content
1. challenge to fir based on compromise. (Para 2 , 4 , 5)
2. settlement leads to dismissal of case. (Para 3 , 7)
3. state's non-objection to compounding. (Para 6)
4. court's acceptance of compounding application. (Para 8)
5. writ petition allowed based on settlement. (Para 9)

Hon'ble Pankaj Purohit, J.

Heard learned Counsel for the parties.

2. By means of the present writ petition, petitioners have put to challenge the First Information Report No.0079 of 2025 dated 04.05.2025, under Sections 115(2), 351(3) and 352 of the B.N.S. Act , 2023, registered with Police Station Dineshpur, District Udham Singh Nagar, in view of the compromise entered into between the parties.

3. Along with present criminal writ petition, a joint compounding application (IA/1/2025) is filed, which is signed and duly supported by separate affidavits by petitioners, respondent No.3 (complainant)

and respondent No.4 (injured).

4. In the compounding application, it has been stated by the parties that the parties (petitioners and respondent No.3) have settled the dispute amicably on 28.05.2025 and a compromised were made on paper and was signed by both the parties. It is thus, prayed that the present first information report be quashed in terms of the compromise arrived at between the parties.

5. Petitioners-Rajneesh @ Rajni Ray, Alok, respondent No.3-Praphul Kumar Biswas and respondent No.4-Rahul Biswas, are present before this Court, duly identified by their respective counsel. On interaction, respondent Nos.3 and 4 stated that this is a matrimonial dispute between the sister of petitioner No.2 and respondent No.4 (son of respondent No.3), now, the dispute is amicably settled between them and a compromise has arrived between them on paper on 28.05.2025 duly signed by both the parties, therefore, they do not want to prosecute the above case against the petitioners in view of the amicable settlement arrived at between them. They fairly conceded that they have no objection if compounding application is allowed.

6. Learned State Counsel has no objection if the compounding application is allowed, as the offences sought to be compounded are compoundable.

7. Since the parties have reached to the terms of the compromise, this Court is of the firm opinion that there would remain a remote or bleak possibility of conviction in this case. It can also safely be inferred that it would be unfair or contrary to the interest of justice to permit continuation of the criminal proceedings. Since the answer to the aforesaid points is in affirmative, this Court finds it a fit case to permit the parties to compound the matter.

8. Accordingly, compounding application (IA/1/ 2025) is hereby allowed. The compromise arrived at between the parties is accepted. The First Information Report No.0079 of 2025 dated 04.05.2025, under Sections 115(2), 351(3) and 352 of the B.N.S. Act , 2023, registered with Police Station Dineshpur, District Udham Singh Nagar, is hereby quashed. Consequently, all the subsequent proceedings pursuant to the impugned FIR automatically shall come to an end.

9. In view of the above, the present criminal writ petition is allowed.

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