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2025 DAILYLAW 14591 (UTT)

SANOJ KUMAR AND ORS v. STATE OF UTTARAKHAND

WPCRL/1118/2025 · 2025-12-01

Ashish Naithani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 2025:UHC:10696 WPCRL No.1118 of 2025 Hon’ble Ashish Naithani, J. Mr. Mohd Safdar, learned counsel for the Petitioners. 2. Mr. Vipul Painuly, learned AGA, for the State of Uttarakhand/1 and 2. 3. Mr. Parikshit Saini, learned counsel for the Respondent Nos.3 to 5. 4. The present writ petition has been filed by the Petitioners under Article 226 of the Constitution of India challenging the Case Crime No.0254 of 2025, under Sections 109 (1) and 352 of the Bhartiya Nyaya Sanhita, 2023, at Police Station Jhabrera, District Haridwar. 5. The matter relates to fire arm being fired and whereby Respondent Nos.4 and 5 i.e. Sri Sushil Kumar and Sri Vaibhav Panwar, sustained injuries. Relating to the incident, there is a ballistic report also filed by the learned State Counsel, and there are injuries reports of the Respondent No.4 – Sushil Kumar, whereby lacerated wounds have been observed as per the Medical Officer. 6. The compounding application paper no.16 has been filed on behalf of the parties, whereby the Petitioners and the Respondent Nos.3, 4 and 5 have annexed their signatures identified by the learned counsels for the parties, which is supported with an affidavit. 7. There is a objection on behalf of the State with a strong contention that the matter is of serious in nature, which is being captured in the CCTV footage and there are ballistic reports of the fire arm said to have been used by the assailants in the present matter as well as the injury reports and the said compounding application is also non compoundable and should not be allowed. 8. After interacting with the parties, especially the injured Sri Sushil Kumar and Sri Vaibhav Panwar @ Vansh and the informant Tejpal and also the Petitioners, it seems that there has been a tussle between the parties, but the parties do not wish to carry the matter further and have settled their disputes. After interacting with the parties and considering the injuries, which are said to be just lacerated wounds, the grounds are sufficient for allowing the compounding applications. 9. Today, the matter is listed for disposal of the Compounding Application which seeks permission to compound the offence on the ground that the parties have amicably resolved their differences. 10. After interacting with the parties, this Court is satisfied that a genuine compromise has been reached, as evidenced by the vague and inconsistent responses concerning the incident. Furthermore, after speaking with both the Petitioners and the private Respondents, it appears that their statements were made voluntarily and not under any duress or pressure. 11. Considering the facts and circumstances of the case, the Compounding Application (IA No.1/2025) is allowed. The compromise arrived at between the parties is accepted. Consequently, Case Crime No.0254 of 2025, under Sections 109 (1) and 352 of the Bhartiya Nyaya Sanhita, 2023, at Police Station Jhabrera, District Haridwar, is hereby quashed insofar as it relates to the present Petitioners, in terms of the compromise. 12. The Criminal Writ Petition stands disposed of accordingly. 13. All pending applications, if any, also stand disposed of. (Ashish Naithani, J.) 01.12.2025 Nitesh/