WPCRL/2104/2022
2023 Latest Caselaw 222 UK

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                                 WPCRL No. 2104 of 2022
                                 Shri Sanjaya Kumar Mishra, J.

Shri Shobhit Saharia, learned counsel for the petitioner.

Ms. Manisha Rana, learned AGA for the State.

Shri D.C.S. Rawat, learned counsel for the respondent no. 3.

Petitioner and respondent no. 3 are present, in person, before this Court. They are duly identified by their respective counsel.

I have also inspected Aadhar Cards of the parties. Xerox Copies of Adhar Cards duly signed by the parties and counter signed by their respective counsel are taken on record.

Learned counsel for the parties submits that petitioner and respondent no. 3 are students.

Since the allegation made by the complainant is that petitioner had made physical relation with her on the pretext of false promise of marriage, this case is covered by the ratio decided by the Hon'ble Supreme Court in the case of Sonu @ Subhash Kumar Vs. State of U.P. and another, (2022) 1 Crimes 142 (SC). Later on, this case is also followed by the Hon'ble Supreme Court in the case of Shambhu Kharwar Vs. State of U.P. 2022, SCC online SC 1032. Moreover, at present, both parties have stated before this Court that they were in love with each other and due to some misunderstanding present FIR has been lodged.

Having heard learned counsel for the parties, I am of the opinion that this case does not fall under the category of cases excepted by the Hon'ble Supreme Court in the two judgments i.e. Gian Singh v. State of Punjab (2012) 10 SCC 303 and State of Madhya Pradesh v. Laxmi Narayan (2019) 5 SCC 688 for compromise, therefore, there is no impediment in allowing the compromise application.

Since the parties have entered into compromise, no useful purpose would be served to continue with the investigation and direct for the trial of the case.

Accordingly, writ petition and compounding application no. 2 of 2023 are allowed. FIR No. 0245 of 2022 dated 07.11.2022 under Sections 376, 504, 506 IPC registered at Police Station - Kotwali, District - Pithoragarh against the petitioner is hereby quashed.

(Sanjaya Kumar Mishra, J.) 12.01.2023 (Grant urgent certified copy of this order, as per Rules) SKS