2025:UHC:4724 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Criminal No. 1327 of 2024 10 June, 2025 Deepak Yadav & another --Petitioners Versus Senior Superintendent of Police Tehri Garhwal & others --Respondents ---------------------------------------------------------------------- Presence:- Ms. Prabha Naithani and Ms. Sangeeta Bhardwaj, learned counsel for the petitioners. Mr. B.C. Joshi, learned AGA along with Mr. Vikas Uniyal, learned Brief Holder for the State. Mr. V.K. Kaparuwan, learned counsel for respondent no.3. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. By means of the present writ petition, petitioners have put to challenge the First Information Report No.0113 of 2024 dated 16.09.2024, under Section 318(3) of BNS, registered with Police Station Muni-ki-Reti, District Tehri Garhwal on the basis of compromise having been entered into between the parties. 2. Vide order dated 15.12.2024, State Counsel was directed to file objection. The objection has been filed along with delay condonation application. Delay in filing the objection is condoned for the reasons stated in the affidavit. Delay condonation application (IA 1 2025:UHC:4724 No.2/2025) thus stands disposed of. Objection filed on behalf of the State is taken on record. 3. Along with present criminal writ petition, a joint compounding application has also been filed by the parties, which is duly supported by separate affidavits of the parties. 4. Learned counsel for the petitioners submits that respondent no.3-Ravindra Singh Gusain, the informant, who has been cheated by the petitioner has received the amount of Rs.12,77,000/- and after receiving the amount involved in the case, parties have settled their dispute amicable and do not want to pursue the case any further. 5. Petitioner no.1-Deepak Yadav, petitioner no.2-Krishna Yadav are present in the Court and respondent no.3-Ravindra Singh Gusain (appeared through V.C.) is also present in the Court, duly identified by their respective counsel. 6. This Court interacted with the parties specifically respondent no.3. Respondent no.3 stated before the Court that he does not want to prosecute the petitioners as he has received the amount which he has been cheated by the petitioners. 7. Per contra, Learned State Counsel raised a preliminary objection to the effect that some of the offences sought to be compounded is non- compoundable. 8. On perusal of the objection filed by the State, it is clear that this is the only offence which has been registered against the petitioners. No other offence or 2 2025:UHC:4724 any other offence of similar nature has been found registered against the petitioners on the basis of DCRB report, which is annexed with the objections filed by the State. 9. It is submitted by learned State Counsel that after investigation, charge-sheet has been submitted by the police against the petitioners on 02.12.2024. 10. Since the parties have entered into compromise and are living peacefully, this Court is of the opinion that it will be a futile exercise to ask the petitioners to face the criminal prosecution which would ultimately result into the acquittal. 11. So far as compounding of non-compoundable offence is concerned, the Apex Court has dealt with the consequence of a compromise in this regard in the case of B.S. Joshi and others vs. State of Haryana and another, reported in (2003)4 SCC 675 and has held as below: - “If for the purpose of securing the ends of justice, quashing of FIR becomes necessary, Section 320 Cr.P.C. would not be a bar to the exercise of power of quashing. It is, however, a different matter depending upon the facts and circumstances of each case whether to exercise or not such a power.” 12. Thus, the High Court, in exercise of its inherent power can quash criminal proceedings or FIR or complaint, and Section 320 of Cr.P.C. does not limit or affect the powers of the Court. But here the Court is invoking its extraordinary jurisdiction under Article 226 of the Constitution of India which is far wider than 528 BNSS, 2023. 13. In this view of the matter, compounding application (IA/1/2024) is hereby allowed. The 3 2025:UHC:4724 compromise arrived at between the parties is accepted. First Information Report No.0113 of 2024 dated 16.09.2024, under Section 318(3) of BNS, registered with Police Station Muni-ki-Reti, District Tehri Garhwal are hereby quashed qua the petitioners. Consequently, all the subsequent proceedings pursuant to the impugned FIR automatically shall come to an end. 14. Present criminal writ petition stands allowed accordingly. 15. Pending application, if any, stands disposed off accordingly. (Pankaj Purohit, J.) 10.06.2025 AK 4