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2025 DAILYLAW 14587 (UTT)

SHAHRUKH AND ANR v. STATE OF UTTARAKHAND

WPCRL/1455/2025 · 2025-11-13

Ashish Naithani

body2025

Judgment text

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2025:UHC:10047 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. 1455 of 2025 Hon’ble Ashish Naithani, J . Mr. Gaurav Singh, learned counsel for the Petitioners. 2. Mr. Rakesh Negi, learned Brief Holder for the State of Uttarakhand. 3. Mr. Susheel Kumar, learned counsel for Respondent No. 3. 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 No. 3, with the following prayers: “(i)Issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 12.02.2025 registered as FIR No. 0137/2025 for the alleged offence punishable under Section 109(1), 118(1), 190, 191(2), 191(3), 351(2) and 352 of the B.N.S., 2023, Police Station Kotwali Manglaur, District Haridwar lodged by the respondent no. 3 against petitioners in view of an amicable settlement taken place between the parties. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondent No. 1 and 2 not to arrest the petitioners and not to take any coercive measure against the petitioners in pursuance to the First Information Report lodged by the respondent FIR dated Shahrukh (Male), Aged about 25 years, S/o Jahangir, R/o Peerpura, Kotwali Manglaur, District Haridwar, Uttarakhand.” 5. Today, the matter is listed for disposal of the Compounding Application (I.A. No. 01 of 2025, Paper No. 19), seeking permission to compound the offences on the ground that the parties have amicably settled their dispute. 2025:UHC:10047 6. The application has been duly signed by both sides and endorsed by their respective learned counsel —Mr. Gaurav Singh, for the Petitioners, and Mr. Susheel Kumar, learned counsel for Respondent No. 3. 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. Both the Petitioners and Respondent No. 3 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 Respondent No. 3, jointly submit that they have now reconciled their differences and amicably settled the matter, leading to the present compounding application. 10. After interacting with the parties and 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. 11. 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. 12. Consequently, the FIR No. 0137/2025 for the offence punishable under Section 109(1), 118(1), 190, 191(2), 191(3), 351(2) and 352 of the B.N.S., 2023, Police Station Kotwali Manglaur, District Haridwar, is hereby quashed 2025:UHC:10047 insofar as it relates to the present Petitioners only, in terms of the compromise. 13. The Criminal Writ Petition stands disposed of accordingly. 14. All pending applications, if any, also stand disposed of. (Ashish Naithani, J.) 13.11.2025 Shiksha