Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 11564 (UTT)

AMAN KUMAR MISHRA v. STATE OF UTTARAKHAND

WPCRL/1108/2025 · 2025-09-23

Ashish Naithani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 2025:UHC:8514 (Compounding Appl. No.01 of 2025) In WPCRL No.1108 of 2025 Hon’ble Ashish Naithani, J. Mr. Vikas Kumar Guglani, learned counsel for the Petitioner. 2. Mr. S.S. Chauhan, learned Deputy Advocate General assisted by Mr. B.C. Joshi, learned AGA for the State. 3. Mr. Rishabh Bisht, learned counsel for respondent no.3. 4. Present writ petition has been filed by the Petitioner, who is currently in judicial custody, under Article 226 of the Constitution of India alongwith compounding application and the same is supported with the affidavits of father of the petitioner and respondent no.3. 5. Petitioner, who is currently in jail, is present through V.C. and respondent no.3 is present in the Court. They are duly identified by their respective counsel. 6. By means of this writ petition, petitioner has sought quashing of the FIR No.44 of 2025 dated 30.07.2025 under Section 69 of BNS 2023 registered at Police Station Tallital, District Nainital. 7. Learned counsel for the parties have filed their respective affidavits along with the compounding application stating therein that they do not wish to pursue the present criminal case any further and a compromise has been entered between them. 8. After interacting with respondent no.3-Neha, daughter of Shri Shiv Shankar Mandal, it is evident that the matter has fired with the consensual relationship between the petitioner and the respondent no.3 and reasons best known to both, it cannot materialized. 9. Learned counsel for the petitioner makes a submission that since both the parties have agreed to settle the matter and wish to get married to each other with the blessing of their parents, the parties wish to compound the matter and get married. 10. As per this Court’s order, the petitioner, who is in judicial custody in District Jail Nainital has been put to face to face through V.C. by the Jailer concerned. On interacting with the petitioner, through V.C., this Court is satisfied that the grounds are sufficient to compound the matter. 11. Heard learned counsel for the parties and perused the material available on record. 12. Learned State counsel has vehemently opposed the compounding application. 13. Having heard learned counsel for the parties and in view of the above, the compounding application is allowed. The FIR No.44 of 2025 dated 30.07.2025 under Sections 69 of BNS 2023 registered at Police Station Tallital, District Nainital are hereby quashed. The petitioner may be released forthwith without putting any condition unless he is not wanted in any other matter. 14. Accordingly instant Criminal Misc. Application stands disposed of. (Ashish Naithani, J.) 23.09.2025 Arti ARTI SINGH Digitally signed by ARTI SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE2521F982, cn=ARTI SINGH Date: 2025.09.23 14:30:58 +05'30'