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2025 DAILYLAW 15678 (UTT)

AMIT KUMAR ALIAS AMIT SAINI v. STATE OF UTTARAKHAND

WPCRL/1342/2025 · 2025-10-30

Ashish Naithani

body2025

Judgment text

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2025:UHC:9601 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS WPCRL No. 1342 of 2025 Hon’ble Ashish Naithani, J . Mr. Mohit Kumar Kashyap, learned counsel for the Petitioners. 2. Mr. N.S. Kanyal, learned A.G.A. for the State of Uttarakhand. 3. Mr. Anuj Singh Kunjwal, learned counsel for the Respondent Nos. 3 to 5. 4. The present Criminal Writ Petition under Article 226 of the Constitution of India has been filed on behalf of the Petitioners against the Respondents, particularly Respondent Nos. 3 to 5, with the following prayer: “(i)Issue a writ order or direction in the nature of certiorari quashing the impugned first information report dated 29.07.2025 being FIR No. 0336 of 2025 for the offence punishable under Section 115 (2), 191 (2),333, 351(2) and 352 of Bharatiya Nyaya Sanhita, 2023, Police Station Jaspur, District Udham Singh Nagar on the basis of compromise arrived between the parties, qua the present Petitioners.” 5. Today, the matter is listed for disposal of the Compounding Application (IA No. 01 of 2025, Paper No. 23), seeking permission to compound the offences on the ground that the parties have 2025:UHC:9601 amicably settled their dispute. The application has been duly signed by both sides and endorsed by their respective learned counsel — Mr. Mohit Kumar Kashayap, learned counsel for the Petitioners, and Mr. Anuj Singh Kunjwal, learned counsel for Respondent Nos. 3 to 5. Affidavits in support of the application have also been filed. 6. Learned State Counsel opposes the Compounding Application. 7. All the Petitioners are present before the Court in person. Respondent Nos. 3 to 5 are also present in person. They all have been duly identified by their respective learned counsel. 8. After interacting with all parties, this Court is satisfied that a genuine compromise has been arrived at between them. The Court finds that the statements made by the Petitioners and Respondent Nos. 3 to 5 are voluntary and bona fide, and that no element of duress, coercion, or undue pressure is involved. 9. Considering the overall facts and circumstances of the case and the nature of the offences involved, the Compounding Application (IA No. 01 of 2025) is allowed. The compromise between the parties is accepted. 10. Consequently, the impugned F.I.R. No. 336 of 2025, for the offence punishable under Section 115 (2), 191 (2), 333, 351(2) and 352 of Bharatiya Nyaya Sanhita, 2023, Police Station Jaspur, District 2025:UHC:9601 Udham Singh Nagar, is hereby quashed, insofar as it relates to the present Petitioners, in terms of the compromise. 11. The Criminal Writ Petition stands disposed of accordingly. 12. All pending applications, if any, also stand disposed of. (Ashish Naithani, J.) 30.10.2025 Nahid 2025:UHC:9601