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2025 DAILYLAW 11823 (UTT)

SHANU KHAN v. STATE OF UTTARAKHAND

WPCRL/1160/2025 · 2025-10-09

Ashish Naithani

body2025

Judgment text

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2025:UHC:8933 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. 1160 of 2025 Hon’ble Ashish Naithani, J . Mr. Mukesh Singh Rawat, learned counsel for the Petitioners. 2. Mr. N.S. Kanyal, learned A.G.A. for the State of Uttarakhand. 3. Ms. Chitra Joshi, 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 Petitioners against the Respondents, particularly Respondent No. 3, with the following prayers: “(i) To issue a writ, order or direction in the nature of Certiorari to quash the F.I.R. dated 12.09.2025 lodged by Respondent No. 3, registered as F.I.R. No. 339 of 2025, under Sections 109, 115(2), 190, 191(2), 191(3) and 352 of the Bharatiya Nyaya Sanhita, 2023, Police Station Ramnagar, District Nainital.” 5. Today, the matter is listed for disposal of the Compounding Application (IA No. 01 of 2025, Paper No. 27), seeking permission to compound the offence on the ground that the parties have amicably settled their dispute. 6. The application has been duly signed by both parties and endorsed by their respective learned counsel — Mr. Mukesh Singh Rawat for the Petitioners and Ms. Chitra Joshi, learned counsel for Respondent No. 3. Affidavits in support of the application have also been filed. 2025:UHC:8933 7. Learned State Counsel opposes the Compounding Application. 8. Petitioner No. 1 – Shanu Khan S/o Raeesh Ahmad and Petitioner No. 2 – Sharukh Khan S/o Raeesh Ahmad are present through video conferencing from Jail. Respondent No. 3 is present in person and has been duly identified by her learned counsel. 9. After interacting with the parties, this Court is satisfied that a genuine compromise has been arrived at between them. The Court finds that the statements of the Petitioners and Respondent No. 3 were made voluntarily, without any duress, coercion, or undue influence. 10. Considering the overall facts and circumstances of the case and the nature of the offences involved, the Compounding Application (IA No. 01 of 2025) is allowed. The compromise between the parties is accepted. 11. Consequently, the F.I.R. dated 12.09.2025, lodged by Respondent No. 3 and registered as F.I.R. No. 339 of 2025, under Sections 109, 115(2), 190, 191(2), 191(3), and 352 of the Bharatiya Nyaya Sanhita, 2023, at Police Station Ramnagar, District Nainital, is hereby quashed insofar as it relates to the present Petitioners, in terms of the compromise. 12. As a result of the quashing of the FIR, the Petitioners, who are presently in judicial custody in connection with the aforesaid case, shall be released forthwith, if not required to be detained in any other case. The Jail Authorities shall ensure their release without any unnecessary delay after due 2025:UHC:8933 verification and compliance of legal formalities. 13. The Criminal Writ Petition stands disposed of accordingly. 14. All pending applications, if any, also stand disposed of. (Ashish Naithani, J.) 09.10.2025 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=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd4 0bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D 205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.10.09 16:21:24 +05'30'