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2025 DAILYLAW 11416 (UTT)

INDERJEET BAINS v. STATE OF UTTARAKHAND

WPCRL/1088/2025 · 2025-09-18

Ashish Naithani

Writ Petition (Criminal)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:8339 S L . N o . Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS IA No.01 of 2025 (Compounding Application) In WPCRL No. 1088 of 2025 Hon’ble Ashish Naithani, J. Mr. Mani Kumar, learned counsel for the Petitioner. 2. Mr. S. S. Chauhan, learned D.A.G. assisted by Mr. B. C. Joshi, learned AGA with Mr. Vikash Uniyal, learned Brief Holder for the State. 3. Mr. Manoj Bhatt, learned counsel for Respondent nos. 3 & 4. 4. The present writ petition (criminal) under Article 226 of the Constitution of India is filed on behalf of the Petitioner, Inderjeet Bains S/o Shri Baldev Singh against the Respondent in particular Respondent nos. 3 & 4, Anil Sharma (complainant) S/o Shri Manohar Lal and Deepansh Sharma S/o Anil Sharma respectively; the present writ petition comes with the prayer to quash the impugned F.I.R. dated 17.04.2025, being FIR No.183 of 2025, for the offence punishable under Sections 420, 467, 468, 471 & 506 of IPC, lodged at P.S. Rudrapur, District Udham Singh Nagar. 5. Heard. 6. Admit. 7. Compounding Application (IA No.01 of 2025) (paper no. 26 to the writ petition) is also annexed with the signatures of the parties with the present petition that is supported with the affidavits of the parties and the said application is being endorsed by the learned counsel for the Petitioner and Respondent nos. 3 & 4, Mr. Mani Kumar, Advocate and Mr. Manoj Bhatt, Advocate respectively. 2025:UHC:8339 8. The Petitioner, Inderjeet Bains and Respondent nos. 3 & 4, Anil Sharma (complainant) and Deepansh Sharma respectively are present before this Court, who are identified by their respective counsel. 9. After interacting with the parties, the grounds are sufficient for allowing the compounding application as the Respondent nos. 3 and 4 have submitted that the matter has already been settled amicably between the parties and now the Respondent nos. 3 & 4 do not want to prosecute the Petitioner and also do not want to proceed with the matter against the Petitioner, therefore, the proceedings and other consequential order, if any, arising out of the F.I.R. in question may be quashed. 10. The said compounding application is strongly opposed by the learned State counsel on the ground that some of the offences are non-compoundable. 11. In view of the principle of law laid down by Hon'ble the Apex Court in the case of “Gian Singh vs. State of Punjab” reported in 2012 (10) SCC 303 as well as in Transfer Petition (Criminal) No. 115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, criminal proceedings can be quashed by this Court, if this Court is satisfied with the facts and circumstances of the case. 12. Keeping in view of the totality of the facts and circumstances of the case, this Court is of the view that ends of justice would be met, if the entire proceedings against the Applicant are hereby quashed. 13. In view of the above, the compounding application is allowed. The impugned F.I.R. dated 17.04.2025, being FIR 2025:UHC:8339 No.183 of 2025, for the offence punishable under Sections 420, 467, 468, 471 & 506 of IPC, lodged at P.S. Rudrapur, District Udham Singh Nagar, is hereby quashed against the Petitioner. 14. Accordingly, the present writ petition (criminal) under Article 226 of the Constitution of India is, thus, disposed of in terms of the compromise arrived at between the parties. (Ashish Naithani, J.) 18.09.2025 Akash AKASH Digitally signed by AKASH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, 2.5.4.20=dae2472c001d56469ea76fc0caa68f48ef7 3518c148d140566ab1e26f9cbe61d, postalCode=263001, st=Uttarakhand, serialNumber=27096a1625377537a487dee49224 c891823fc6a0334628b21e516047ed4f22f7, cn=AKASH Date: 2025.09.18 17:52:15 +05'30'