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2025 DAILYLAW 14139 (UTT)

SAGAT SINGH v. STATE OF UTTARAKHAND

WPCRL/1355/2025 · 2025-10-30

Ashish Naithani

Writ Petition (Criminal)body2025

Judgment text

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2025:UHC:9594 S L . N o . Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS IA No.02 of 2025 (Compounding Application) In WPCRL No. 1355 of 2025 Hon’ble Ashish Naithani, J. Ms. Aananya Jain, learned counsel for the Petitioner. 2. Mr. G. C. Joshi, learned A.G.A. for the State. 3. Mr. Mohd. Suhail, learned counsel for Respondent no.3. 4. The present writ petition (criminal) under Article 226 of the Constitution of India filed on behalf of the Petitioner, Sagat Singh S/o Sri Bhagwan Singh against the Respondent, Hemraj Singh S/o Sri Ranjeet Singh, who is the complainant; the present writ petition comes with the prayer to quash the F.I.R. registered as Case Crime No.43 of 2025 dated 25.10.2025 under Sections 115(1) & 118(1) of BNS, 2023, lodged at P.S. Augustmuni, District Rudraprayag on the basis of compromise so arrived between the parties and further to direct the Respondent nos. 1 & 2 not to arrest the Petitioner in pursuance of the aforementioned F.I.R. 5. Heard. 6. Admit. 7. The Compounding Application (IA No.02 of 2025) is also annexed with the present writ petition (page no. 26) that is supported with the affidavits of the parties and the said application is being endorsed by the learned counsel for the Petitioner and Respondent no.3, Ms. Aananya Jain, Advocate and Mr. Mohd. Suhail, Advocate respectively. 8. The parties are present before this Court, who are identified by their respective counsel. 9. After interacting with the parties especially with Respondent no.3, who makes a statement that the dispute arose between the parties has already been settled, the injuries sustained are not grievous in nature, he wishes to compound the matter with the present 2025:UHC:9594 Petitioner and also does not want to proceed with the matter further, therefore, the proceedings and other consequential order arising out of the F.I.R. in question may be quashed. 10. The said compounding application is strongly opposed by the learned State counsel on the ground that some of the offences are non-compoundable. 11. In view of the principle of law laid down by Hon'ble the Apex Court in the case of “Gian Singh vs. State of Punjab” reported in 2012 (10) SCC 303 as well as in Transfer Petition (Criminal) No. 115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, criminal proceedings can be quashed by this Court, if this Court is satisfied with the facts and circumstances of the case. 12. Keeping in view of the totality of the facts and circumstances of the case, this Court is of the view that ends of justice would be met, if the entire proceedings against qua the Petitioners are hereby quashed. 13. In view of the above, the compounding application is allowed. The F.I.R. registered as Case Crime No.43 of 2025 dated 25.10.2025 under Sections 115(1) & 118(1) of BNS, 2023, lodged at P.S. Augustmuni, District Rudraprayag, is hereby quashed. 14. The present writ petition (criminal) under Article 226 of the Constitution of India is, thus, disposed of in terms of the compromise arrived at between the parties. (Ashish Naithani, J.) 30.10.2025 Akash AKASH Digitally signed by AKASH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, 2.5.4.20=dae2472c001d56469ea76fc0caa68f48ef73518c148d 140566ab1e26f9cbe61d, postalCode=263001, st=Uttarakhand, serialNumber=27096a1625377537a487dee49224c891823fc6 a0334628b21e516047ed4f22f7, cn=AKASH Date: 2025.10.30 16:08:55 +05'30'