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2025 DAILYLAW 12194 (UTT)

NITESH SHAHI ALIAS NIKKU AND ORS v. STATE OF UTTARAKHAND

WPCRL/1222/2025 · 2025-10-10

Ashish Naithani

body2025

Judgment text

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2025:UHC:9039 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. 1222 of 2025 Hon’ble Ashish Naithani, J . Mrs. Pushpa Joshi, learned Senior Advocate assisted by Mr. Akhil Kumar Sah and Mr. Ayush Agrawal, learned counsel for the Petitioners. 2. Mr. Vipul Painuly, learned A.G.A. for the State of Uttarakhand. 3. Mr. T.P.S. Takuli, learned counsel for Respondent Nos. 4 and 5. 4. The present Criminal Writ Petition, filed under Article 226 of the Constitution of India, has been instituted by the Petitioners- (1) Nitesh Shahi alias Nikku S/o Uttam Singh Shahi,(2) Hemant Balodi S/o Chandi Prasad Balodi, (3) Manoj Singh Kholiya S/o Dan Singh,(4) Sandeep Badhani S/o Puran Chandra,(5) Rohit Pandey S/o Madan Mohan Pandey,(6) Rahul Badhani S/o Pooran Chandra Badhani,(7) Pankaj Papola S/o Nar Singh,(8) Prakash Bhatt S/o Gopal Dutt,(9) Vicky Arya alias Virendra Pal Arya S/o Mohan Ram,(10) Yash Bhatnagar S/o Rajeev Kumar,(11) Ravindra Kumar S/o Chandan Prakash,(12) Pradeep Singh alias Socker S/o Teha Singh,(13) Gurjeet Singh S/o Manjeet Singh, and(14) Deepak Singh Rawat S/o Surendar Singh Rawat, against the Respondents, particularly Respondent Nos. 4 and 5, with the following prayer: “(i) Issue an appropriate writ, order, or direction in the nature of certiorari or otherwise, to allow the compromise and settlement and to quash F.I.R./Case Crime No. 10 of 2025, under Sections 109, 190, 191(2), 191(3), 351(2), 351(3), and 3/5 of the 2025:UHC:9039 Bharatiya Nyaya Sanhita, 2023, Police Station Betalghat, District Nainital, dated 14.08.2025 (Annexure No. 1 to the writ petition), on the basis of the compromise and settlement entered into between the parties outside the Court. The offences may be treated as compoundable against these Petitioners.” 5. Today, the matter is listed for disposal of the Compounding Application (I.A. No. 01 of 2025, Paper No. 15), seeking permission to compound the offences on the ground that the parties have amicably settled their dispute. 6. The application has been duly signed by both sides and endorsed by their respective learned counsel- Mr. Akhil Kumar Sah assisted by Mr. Ayush Agarwal, for the Petitioners and Mr. T.P.S. Takuli, learned counsel for Respondent Nos. 4 and 5. Affidavits in support of the application have also been filed. 7. Learned State Counsel opposes the Compounding Application on the ground that some of the offences alleged are non-compoundable in nature. 8. The Petitioners and Respondent Nos. 4 and 5 are present in person before this Court and have been duly identified by their respective counsel. 9. After interacting with the parties, it prima facie appears that the incident arose out of a ruckus created by a mob, allegedly involving the Petitioners, during the election of the Block Pramukh, Betalghat Block, District Nainital. During the said incident, some miscreants opened fire, resulting in injuries to Respondent No. 5- Mahendra Singh Bisht alias Godhan Singh. The F.I.R. was lodged by Respondent No. 4 -Bhuwan Tiwari. 2025:UHC:9039 10. Upon further interaction with the informant and the injured, it transpires that neither of them is certain as to which of the Petitioners had actually opened fire. Respondent No. 4 has also stated that he did not personally witness the incident but was informed about it by others. 11. In view of the statements made before this Court and the submissions advanced, this Court is satisfied that a genuine and voluntary compromise has been entered into between the parties without any duress, coercion, or undue influence. 12. Considering the overall facts and circumstances of the case and the nature of the offences involved, the Compounding Application (I.A. No. 01 of 2025) is allowed. The compromise between the parties is accepted. 13. Consequently, the First Information Report dated 14.08.2025, registered as F.I.R./Case Crime No. 10 of 2025, under Sections 109, 190, 191(2), 191(3), 351(2), 351(3), and 3/5 of the Bharatiya Nyaya Sanhita, 2023, Police Station Betalghat, District Nainital, 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.) 10.10.2025 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: 2025.10.10 15:50:34 +05'30'