GURPRATAP SINGH ALIAS KAKA DULT v. STATE OF UTTARAKHAND
WPCRL/973/2025 · 2025-10-07
Ashish Naithani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10836 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10836 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:8823 SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGES’S ORDERS
WPCRL No. 973 of 2025 Hon’ble Ashish Naithani, J . Mr. L.K. Tiwari,
learned counsel for the Petitioner.
2. Mr. S.S. Chauhan, learned Deputy Advocate General assisted by Mr. B.C. Joshi, learned A.G.A. for the State of Uttarakhand.
3. Mr. Suraj Pandey,
learned counsel for Respondent No. 3.
4. The present Criminal Writ Petition under Article 226 of the Constitution of India has been filed on behalf of the Petitioner- Gurpratap Singh alias Kaka Dult, S/o Gurbachan Singh, against the Respondents, particularly Respondent No. 3, Manish Kumar S/o Ashok Kumar, with the following prayers:
“(i) Issue a writ, order, or direction in the nature of certiorari, quashing the impugned F.I.R. No. 0328 of 2025 dated 25.08.2025 under Sections 115(2), 140(1), 351(2) of B.N.S., 2023, and Section 3(1)(Da) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015), P.S. Bazpur, District Udham Singh Nagar. (ii) Issue a writ, order, or direction in the nature of mandamus, commanding Respondents No. 1 and 2 not to take any coercive measures against the Petitioner in pursuance of F.I.R. No. 0328 of 2025 dated 25.08.2025 under Sections 115(2), 140(1), 351(2) of B.N.S., 2023, and Section 3(1)(Da) of the Scheduled Castes and the Scheduled Tribes
2025:UHC:8823 (Prevention of Atrocities) Act, 1989 (Amendment 2015), P.S. Bazpur, District Udham Singh Nagar.”
5. Today, the matter is listed for disposal of the Compounding Application (IA No. 02 of 2025, Paper No. 27), seeking permission to compound the offence on the ground that the parties have amicably resolved their disputes. The application has been duly signed by the parties and endorsed by their respective learned counsel—Mr. K.K. Tiwari for the Petitioner, and Mr. Suraj Pandey, assisted by Mr. Ashutosh Joshi, learned counsel for Respondent No.
3. Affidavits in support of the application have also been filed by the parties.
6. Learned State Counsel opposes the Compounding Application.
7. The Petitioner and Respondent No. 3 are present in person and have been duly identified by their respective counsels.
8.
Learned counsel for the Petitioner submits that the matter arose out of a trivial misunderstanding, which has now been resolved through mutual understanding between the parties. Consequently, the Compounding Application has been filed.
9. Another compromise document in Hindi has been filed along with this Compounding Application, marked as Annexure No. 2, Paper No. 40. The document is duly signed by the parties and witnesses.
10. Admit.
11. After interacting with the parties, this Court is satisfied that a genuine compromise has been arrived
2025:UHC:8823 at. The Court also finds that the statements of the Petitioner and Respondent No. 3 were made voluntarily, without any duress or undue influence.
12. Considering the facts and circumstances of the case, the Compounding Application is allowed, and the compromise between the parties is accepted. Consequently, F.I.R. No. 0328 of 2025 dated 25.08.2025 under Sections 115(2), 140(1), 351(2) of B.N.S., 2023, and Section 3(1)(Da) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015), P.S. Bazpur, District Udham Singh Nagar, is hereby quashed insofar as it relates to the present Petitioner, in terms of the compromise.
13. The Criminal Writ Petition stands disposed of accordingly.
14. All pending applications, if any, also stand
disposed of.
(Ashish Naithani, J.)
07.10.2025 Shiksha
SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18FE29BDF5DD 9, cn=SHIKSHA BINJOLA Date: 2025.10.07 17:28:59 +05'30'