Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 11463 (UTT)

ABHAY KASHYAP AND ORS v. STATE OF UTTARAKHAND

WPCRL/1096/2025 · 2025-10-08

Ashish Naithani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:8910 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. 1096 of 2025 Hon’ble Ashish Naithani, J . Mr. Vishal Kumar Nautiyal, learned counsel for the Petitioners. 2. Mr. G.C. Joshi, learned A.G.A. for the State of Uttarakhand. 3. Ms. Shalini Thakral, learned counsel for Respondent No. 4. 4. The present Criminal Writ Petition under Article 226 of the Constitution of India has been filed on behalf of the Petitioners against the Respondents, particularly Respondent No. 4, seeking to quash the impugned FIR dated 08.06.2025, registered as FIR/Case Crime No. 150 of 2025, under Sections 314, 323, 376, and 506 of the Indian Penal Code, 1860, and under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, at Police Station Kankhal, District Haridwar, on the basis of a compromise arrived at between the parties. 5. Today, the matter is listed for disposal of the Compromise Application (IA No. 01 of 2025, Paper No. 11), seeking permission to compound the offences 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. Vishal Kumar Nautiyal, learned counsel for the Petitioners, and Ms. Shalini Thakral, learned counsel for Respondent No. 2025:UHC:8910 4. Affidavits in support of the compromise have also been filed by both sides. 6. Learned State Counsel submits that during the pendency of the present Criminal Writ Petition, a Final Report has already been filed in the matter. It is further submitted that the offences alleged in the FIR are punishable under Sections 314, 323, 376, and 506 IPC and Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act, 1989, which are grave and non- compoundable in nature. 7. In view of the above, this Court does not find any ground to entertain the writ petition on the basis of compromise. Since a Final Report has already been filed in the matter, the present Criminal Writ Petition stands dismissed as infructuous. 8. However, it shall be open to the Petitioners to avail such remedy as may be available to them in law before the competent court. (Ashish Naithani, J.) 08.10.2025 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=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf63 9b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F 18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.10.09 11:08:41 +05'30'