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:9246
WPCRL No.1261 of 2025 with (Compounding Appl. No.01 of 2025) Hon’ble Ashish Naithani, J.
Mr. Harshpal Sekhon, learned counsel for the petitioners.
2. Mr. N.S. Kanyal, learned AGA for the State.
3. Mr. Basant Singh, learned counsel for respondent nos.4 and 5.
4. Present writ petition has been filed by the petitioner under Article 226 of the Constitution of India alongwith compounding application and the same is supported with the affidavits of petitioners and respondent nos.4 & 5.
5. Petitioners as well as respondent nos.4 and 5 are present in the Court. They are duly identified by their respective counsel.
6. By means of this writ petition, the petitioners have sought quashing of the FIR No.254 of 2025 dated 11.08.2025 under Section 115(2), 126(2), 351(3), 352 of Bhartiya Nyaya Sanhita (BNS), 2023 registered at Police Station Sitarganj, District Udham Singh Nagar.
7.
Learned counsel for the petitioners makes a statement that the dispute arose between the parties. i.e. petitioners and private respondent no.5 regarding boundaries of the agricultural land (Khet) wherein under agitation there was fight between the petitioners and respondent no.5. As per the version of the complainant/respondent no.4 i.e. wife of the injured/respondent no.5, an FIR was lodged whereby a criminal matter was instituted against the petitioners.
8.
Learned counsel for the parties have filed their respective affidavits along with the
compounding application in which they have put their signatures stating therein that they do not wish to pursue the present criminal case any further and a compromise has been entered between them.
9. The submission of the learned counsel for the petitioners is being asserted by learned counsel for respondent nos.4 & 5.
10. Learned State counsel has opposed the compounding application and submits that the matter cannot be compounded as the injured/respondent no.5 sustained grievous injuries.
11. This Court has interacted with the parties in particular the informant/respondent no.4 and the injured/respondent no.5.
12. Informant/respondent no.4 submits that though she did not witness the incident as the incident has narrated by the children of the family telling her that her husband was beaten up by the petitioners in particular petitioner no.1, who has stated that now the parties have come into the terms of compromise and she does not wish to proceed further with the said complaint. The injured/respondent no.5 also makes a similar submission.
13. Heard learned counsel for the parties and perused the material available on record.
14. In view of the principle of law laid down by Ho’ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303, criminal proceedings can be quashed by this Court, if this Court is satisfied that matter has been settled between the parties amicably and parties are interest to restore peace and harmony between them.
15. Having heard learned counsel for the parties and in view of the above, the compounding application is allowed. The FIR No.254 of 2025 dated 11.08.2025 under Section 115(2), 126(2), 351(3), 352 of Bhartiya Nyaya Sanhita (BNS), 2023
registered at Police Station Sitarganj, District Udham Singh Nagar is hereby quashed.
16. Accordingly instant writ petition stands
disposed of.
(Ashish Naithani, J.)
15.10.2025 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: 2025.10.16 12:34:10 +05'30'