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2025 DAILYLAW 12132 (UTT)

MOHD MURTJA AND ORS v. STATE OF UTTARAKHAND

WPCRL/1214/2025 · 2025-10-09

Ashish Naithani

body2025

Judgment text

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2025:UHC:8934 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. 1214 of 2025 Hon’ble Ashish Naithani, J . Ms. Sukhwani Singh, learned counsel holding brief of Mr. Parikshit Saini, learned counsel for the Petitioners. 2. Mr. N.S. Kanyal, learned A.G.A. for the State of Uttarakhand. 3. Mr. Mohd. Safdar, learned counsel for Respondent Nos. 3 to 6. 4. The present Criminal Writ Petition under Article 226 of the Constitution of India has been filed on behalf of the Petitioners - (1) Mohd. Murtja S/o Abdul Wahid, (2) Anisha W/o Mohd. Murtja, and (3) Nurjahan Malik W/o Abdul Wahid against the Respondents, particularly Respondent Nos. 3 to 6, with the following prayer: “(i) To issue a writ, order, or direction in the nature of Certiorari quashing the impugned F.I.R. registered as Case Crime No. 0025 of 2025, dated 20.01.2025, under Sections 316(5), 318(4), and 61(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, lodged at Police Station Kotwali Roorkee, District Haridwar.” 5. Today, the matter is listed for disposal of the Compounding Application (IA No. 01 of 2025, Paper No. 19), seeking permission to compound the offences on the ground that the parties have amicably settled their dispute.The application has been duly signed by both sides and endorsed by their respective learned counsel — Mr. Parikshit Saini for the Petitioners, and Mr. Mohd. Safdar, learned counsel for Respondent Nos. 3 to 6. Affidavits in 2025:UHC:8934 support of the application have also been filed. 6. Learned State Counsel opposes the Compounding Application. 7. Petitioner No. 1 – Mohd. Murtja and Petitioner No. 2 – Anisha are present before the Court in person. Petitioner No. 3 – Smt. Nurjahan Malik, who is nearly 99 years of age, is present through video conferencing on phone. Respondent Nos. 3 to 6 are present in person. They all have been duly identified by their respective learned counsel. 8. Upon interacting with the parties, it emerges that the dispute pertains to the misappropriation of an amount of ₹54,00,000/- (Rupees fifty-four lakhs), which, according to Respondent Nos. 3 to 6 -Jahangir S/o Fateh Mohammad, Farooq S/o Fateh Mohammad, Mohammed Akram S/o Fateh Mohammad, and Gaffar S/o Mahmud- represents the proceeds from the sale of a piece of land. 9. The said amount was allegedly entrusted to one Parvej S/o Mohd. Murtja, employed with Axis Bank, Roorkee, District Haridwar, who is stated to have embezzled the money for his personal benefit. Subsequently, upon intervention and settlement, the father of Parvej returned the entire amount to Respondent Nos. 3 to 6. It is in view of this amicable resolution that the present Compounding Application has been filed. 10. This Court also interacted with Petitioner No. 3 – Smt. Nurjahan Malik, through video conferencing. She stated her age to be nearly 100 years. 11. After interacting with all parties, this Court is 2025:UHC:8934 satisfied that a genuine compromise has been arrived at between them. The Court finds that the statements made by the Petitioners and Respondent Nos. 3 to 6 are voluntary and bona fide, and that no element of duress, coercion, or undue pressure is involved. 12. 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. 13. Consequently, the impugned F.I.R., registered as Case Crime No. 0025 of 2025, dated 20.01.2025, under Sections 316(5), 318(4), and 61(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, lodged at Police Station Kotwali Roorkee, District Haridwar, is hereby quashed, insofar as it relates to the present Petitioners, in terms of the compromise. 14. The Criminal Writ Petition stands disposed of accordingly. 15. 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=3410ef86ae41ec9fbabcd5dba6b3a2c2 4b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A54 2D7FF0A9BED00E67B5283D205F18FE29BDF5D D9, cn=SHIKSHA BINJOLA Date: 2025.10.09 16:43:08 +05'30'