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2025 DAILYLAW 10544 (UTT)

YUVRAJ SINGH ALIAS SUNNY AND ORS v. STATE OF UTTARAKHAND

WPCRL/914/2025 · 2025-09-03

Ashish Naithani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 2025:UHC:7826 IA No.1/2025 (Compounding Application) with WPCRL No.914 of 2025 Hon’ble Ashish Naithani, J. Mr. Aditya Pratap Singh, learned counsel for the Petitioners. 2. Mr. Rakesh Negi, learned Brief Holder, for the State of Uttarakhand/1 and 2. 3. Mr. Ravi Bisht, learned counsel for the private Respondents. 4. The present writ petition has been filed by the Petitioners under Article 226 of the Constitution of India challenging the FIR No.0247 of 2025 dated 03.08.2025, under Sections 109 (1), 191 (2) and 191 (3) of BNS, at Police Station Sitarganj, District Udham Singh Nagar. 5. At the outset, as per order dated 26.08.2025, whereby this Court had directed the learned counsel for the Petitioners to give reply as to what was the locus standi of Respondent No.3 and what was the reason that he has been impleaded as a party in the writ petition. Learned counsel for the Petitioners makes a submission supported with the supplementary affidavit that Respondent No.3 – Lalit Mohan Chaudhary, who was at the time of the incident posted as Sub Inspector, Police Station Sitarganj, District Udham Singh Nagar, and makes a further submission that on receiving a call/information that there has been an incident and exchange of fire, he lodged an FIR, he is simply an informant. 6. As per observations of this Court dated 26.08.2025, whereby this Court had noted a fact with respect to Petitioner No.7 – Rajesh S/o Kali Charan and Petitioner No.8 – Pargat Singh S/o Tara Singh, who are currently in judicial custody, an authorization letter has been provided by them to their friend, Mr. Harjinder Singh, who is doing pairvi on their behalf and pursuing the matter. 7. Since the persons named above are under judicial custody, and are also part of the compounding application thereby the authorities of the Sub-Jail Haldwani, Nainital, were directed to make them appear before this Court through VC, so that this Court can make an interaction with them regarding what they have to say about the compounding application. After interacting with Petitioner No.7 – Rajesh S/o Kali Charan and Petitioner No.8 – Pargat Singh S/o Tara Singh through VC, this Court is satisfied that parties have come into the terms of the compromise, and it is not clear as to who fired arm and how injured sustained injuries. 8. Learned State Counsel has vehemently opposed the compounding application on the ground that Section 109 of BNSS, is a non compoundable offence. 9. Since rest of the private Respondents and the Petitioners were present on the last date, their presence had been noted and were exempted, the petitioners in jail, named as above, are being identified by their respective learned counsels, the compounding application is allowed. 10. In the Compounding Application, it is stated that the parties have amicably resolved their differences. 11. The compromise arrived at between the parties is accepted. Consequently, FIR No.0247 of 2025 dated 03.08.2025, under Sections 109 (1), 191 (2) and 191 (3) of BNS, at Police Station Sitarganj, District Udham Singh Nagar, is hereby quashed insofar as it relates to the present Petitioners, in terms of the compromise. 12. The Criminal Writ Petition stands disposed of accordingly. 13. All pending applications, if any, also stand disposed of. 14. Registry of this Court is hereby directed to send a certified copy of this order to Jailor, Sub-Jail, Haldwani, District Nainital, for onward compliance. (Ashish Naithani, J.) 03.09.2025 Nitesh/