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2025 DAILYLAW 15797 (UTT)

SHEEBA AND ORS v. STATE OF UTTARAKHAND

WPCRL/1423/2025 · 2025-12-03

Ashish Naithani

Writ Petition (Criminal)body2025

Judgment text

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2025:UHC:10762 SL . N o. Dat e Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig n at u r es COURT’S OR JUDGE’S ORDERS IA No.01 of 2025 (Compounding Application) In WPCRL No. 1423 of 2025 Hon’ble Ashish Naithani, J. Mr. Gaurav Singh, learned counsel for the Petitioners. 2. Mr. Vikash Uniyal, learned Brief Holder for the State. 3. Mr. Susheel Kumar, learned counsel for Respondent no.3. 4. The present writ petition (criminal) under Article 226 of the Constitution of India filed on behalf of the Petitioners, Sheeba D/o Mohd. Sarvar, Azeem S/o Mohammad Nazim and Waseem S/o Mohammad Nazim against the Respondent no.3, Mohd. Sarvar S/o M. Taki, who is the complainant; the present writ petition comes with the prayer to quash the impugned F.I.R. dated 14.04.2025 registered as FIR No.0143 of 2025 for the alleged offence punishable under Sections 305(a) & 331(3) of BNS, 2023, at P.S. Kotwali Gangnahar, District Haridwar lodged by the Respondent no.3 against the Petitioners in view of the amicable settlement taken place between the parties and further to direct the Respondent nos. 1 & 2 not to arrest the Petitioners in connection with the aforementioned FIR. 5. Heard. 6. Admit. 7. The Compounding Application (IA No.01 of 2025) is also annexed with the present petition that is supported with the affidavits of the parties and the said application is being endorsed by the learned counsel for the Petitioners and Respondent no.3, Mr. Gaurav Singh, Advocate and Mr. Susheel Kumar, Advocate respectively. 8. The Petitioners and Respondent no.3 are present 2025:UHC:10762 through V.C. before this Court, who are identified by their respective counsel. Respondent no.3 is also being represented and identified by local counsel Ms. Reshu Nehra (Registration No.136/2016), who practices at Roorkee and Haridwar court and also makes a statement that the money involved in the matter was released and she facilitated such release. 9. After interacting with the parties especially with Respondent no.3, Mohd. Sarvar, who makes a statement that the parties have settled the dispute amicably outside the Court and now the Respondent no. 3 does not want to prosecute the Petitioners and also does not want to proceed with the matter against the Petitioners, therefore, the proceedings and other consequential order, if any, arising out of the F.I.R. in question may be quashed. 10. The said compounding application is strongly opposed by the learned State counsel on the ground that the offences are non-compoundable. 11. In view of the principle of law laid down by Hon'ble the Apex Court in the case of “Gian Singh vs. State of Punjab” reported in 2012 (10) SCC 303 as well as in Transfer Petition (Criminal) No. 115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, criminal proceedings can be quashed by this Court, if this Court is satisfied with the facts and circumstances of the case. 12. Keeping in view of the totality of the facts and circumstances of the case, this Court is of the view that ends of justice would be met, if the entire proceedings and other consequential order, if any, against the Petitioners are hereby quashed. 13. In view of the above, the compounding application is 2025:UHC:10762 allowed. The impugned F.I.R. dated 14.04.2025 registered as FIR No.0143 of 2025 for the alleged offence punishable under Sections 305(a) & 331(3) of BNS, 2023, at P.S. Kotwali Gangnahar, District Haridwar lodged by the Respondent no.3 against the Petitioners, is hereby quashed. 14. The present writ petition (criminal) under Article 226 of the Constitution of India is, thus, disposed of in terms of the compromise arrived at between the parties. 15. Pending applications, if any, stand disposed of accordingly. (Ashish Naithani, J.) 03.12.2025 Akash AKASH Digitally signed by AKASH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, 2.5.4.20=dae2472c001d56469ea76fc0caa68f48ef7 3518c148d140566ab1e26f9cbe61d, postalCode=263001, st=Uttarakhand, serialNumber=27096a1625377537a487dee49224c 891823fc6a0334628b21e516047ed4f22f7, cn=AKASH Date: 2025.12.05 14:43:30 +05'30'