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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:10926
IA No.1/2025 (Compounding Application) With WPCRL No.1615 of 2025 Hon’ble Ashish Naithani, J.
Mr. Vaibhav Singh Chauhan, learned counsel for the Petitioner. 2. Mr. Rakesh Negi, learned Brief Holder, for the State of Uttarakhand. 3. Mr. Abhishek Joshi, learned counsel for the private Respondents. 4. The present writ petition has been filed by the Petitioner under Article 226 of the Constitution of India challenging the FIR No.601 of 2025, dated 05.09.2025, under Sections 115 (2), 191 (3), 352, 109 (1) and 3 (5) of BNS, and under Sections 3/25 of the Arms Act, at Police Station Kotwali Haridwar, District Haridwar. 5. As per the orders of this Court dated 04.12.2025, the Petitioner, who is presently in District Jail, Haridwar, had been summoned through Jail Superintendent for appearance before this Court through VC. Respondent Nos.4 to 8, are present in person before this Court who has been duly identified by their learned counsel respectively. 6. After interacting with the parties, the main injured i.e. Respondent No.4 – Abhishek Mehta @ Abhishek Mahto, submits that after the idol of the “Sri Ganesh” had been immersed in the Ganges at Sarvanand Ghat, while returning to the home on foot, there was an attack which he could only feel, the senses of some sparked his ear and ear became mum, and could not feel, and later he realized that the right part of his nose and cheeks profusely bleeding. Further, the Respondent No.4 submits that it was about 11’o clock in the night and some people were masked and some others whom they have recognized had escaped. Besides him, Respondent No.5 Sri Vishnu Kumar, also got injured and there was injury in his chest. The other injured Sri Vishnu Kumar makes a statement that after the
bullet, which was fired by the miscreants hurt the Respondent No.4 and further reflected on Respondent No.5, and he got injured in the right side of the chest, which he got removed in the Hospital on the same day. All the Respondents do not wish to proceed with the case further and are said to have come into the terms of the compromise. 7. Learned State Counsel has vehemently opposed the compounding application (IA No.1/2025). 8.
Today, the matter is listed for disposal of the Compounding Application (IA No.1/2025) which seeks permission to compound the offence on the ground that the parties have amicably resolved their differences. 9. 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 Petitioner and the private Respondents, it appears that their statements were made voluntarily and not under any duress or pressure. 10. Considering the facts and circumstances of the case, the Compounding Application is allowed. The compromise arrived at between the parties is accepted. Consequently, FIR No.601 of 2025, dated 05.09.2025, under Sections 115 (2), 191 (3), 352, 109 (1) and 3 (5) of BNS, and under Sections 3/25 of the Arms Act, at Police Station Kotwali Haridwar, District Haridwar, is hereby quashed insofar as it relates to the present Petitioner, in terms of the compromise. Let the Petitioner – Ayush Chhetri, be released forthwith, unless he wanted in any other criminal case. 11. The Criminal Writ Petition stands disposed of accordingly. 12. All pending applications, if any, also stand disposed of. (Ashish Naithani, J.) 09.12.2025 Nitesh/