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2025 DAILYLAW 15341 (UTT)

RAKESH SAINI AND ANR v. STATE OF UTTARAKHAND

WPCRL/1309/2025 · 2025-10-28

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:9445 IA No.1 of 2025 (Compounding Application) With WPCRL No.1309 of 2025 Hon’ble Ashish Naithani, J. Mr. Rajveer Singh, learned counsel for the Petitioners. 2. Mr. G.C. Joshi, learned AGA, for the State of Uttarakhand/1 to 3. 3. Mr. Kushagra Saini, learned counsel for the private Respondent No.4 through VC. 4. The present writ petition has been filed by the Petitioners under Article 226 of the Constitution of India challenging the FIR No.0273 of 2025, dated 11.09.2025, under Sections 75, 115 (2) and 351 (2) of the Bharatiya Nayaya Sanhita, 2023, at Police Station Jhabrera, District Haridwar. 5. Petitioners and private Respondent No.4, are present in person before this Court, who are being duly identified by their respective Counsels. 6. 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. 7. 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 complainant/Respondent No.4, it appears that their statements were made voluntarily and not under any duress or pressure. 8. Learned State Counsel has vehemently opposed the compounding application and submits that Section 75 of the BNS, 2023, is not compoundable. 9. 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.0273 of 2025, dated 11.09.2025, under Sections 75, 115 (2) and 351 (2) of the Bharatiya Nayaya Sanhita, 2023, at Police Station Jhabrera, District Haridwar, is hereby quashed insofar as it relates to the present Petitioners, in terms of the compromise. 10. The Criminal Writ Petition stands disposed of accordingly. 11. All pending applications, if any, also stand disposed of. (Ashish Naithani, J.) 28.10.2025 Nitesh/