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2025 DAILYLAW 12300 (UTT)

DIVYANSH KUMAR CHAUDHARY AND ORS v. STATE OF UTTARAKHAND

WPCRL/1233/2025 · 2025-10-15

Ashish Naithani

body2025

Judgment text

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2025:UHC:9263 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. 1233 of 2025 Hon’ble Ashish Naithani, J . Mr. Neeraj Parihar, learned counsel for the Petitioners. 2. Mr. G.C. Joshi, learned A.G.A. for the State of Uttarakhand. 3. Mr. Pranav Singh, learned counsel for Respondent Nos. 3 and 4. 4. The present Criminal Writ Petition, filed under Article 226 of the Constitution of India, has been instituted by the Petitioners against the Respondents, particularly Respondent Nos. 3 and 4, with the following prayer: “(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. No. 0349 of 2025, under Sections 115(2), 190, 191(2), 191(3) of the Bharatiya Nyaya Sanhita, 2023 (Section 109(1) BNS added later on), registered at Police Station Gangnehar, District Haridwar.” 5. Today, the matter is listed for disposal of the Compounding Application (I.A. No. 01 of 2025, Paper No. 21), 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. Neeraj Parihar for the Petitioners, and Mr. Pranav Singh, learned counsel for Respondent Nos. 3 and 4. 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 2025:UHC:9263 are non-compoundable in nature, particularly those punishable under Sections 190 and 191(2)/(3) of the B.N.S., which correspond to Sections 324 and 326 of the Indian Penal Code (IPC), both non-compoundable offences. 8. All the Petitioners and Respondent Nos. 3 and 4 are present in person before this Court and have been duly identified by their respective counsel. 9. Learned counsel for the parties, especially for the Petitioners and private Respondents, jointly submit that the dispute arose out of a scuffle between college students, and that they have now reconciled their differences and amicably settled the matter, leading to the present compounding application. 10. After interacting with the parties, particularly the injured and the alleged assailants, it appears that better sense has prevailed among them. This Court is satisfied that there are sufficient grounds to allow the Compounding Application. 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, F.I.R. No. 0349 of 2025, dated 2025:UHC:9263 04.08.2025, under Sections 115(2), 190, 191(2), 191(3) of the B.N.S., 2023 (Section 109(1) of the B.N.S. added later on), registered at Police Station Gangnehar, 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.) 15.10.2025 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=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd 40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283 D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.10.15 16:55:59 +05'30'