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2025 DAILYLAW 15832 (UTT)

RAM SINGH AND ORS v. STATE OF UTTARAKHAND

WPCRL/1733/2025 · 2025-12-23

Ashish Naithani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 2025:UHC:11495 WPCRL No. 1733 of 2025 Hon ’ble Ash ish Nait h an i, J . Mr. Mohit Kumar Kashyap and Mohd. Imran, learned counsel for the Petitioners. 2. Mr. G.C. Joshi, learned A.G.A. for the State of Uttarakhand. 3. Mr. Anuj Singh Kunjwal, learned counsel for Respondent Nos. 2 and 3. 4. The present Criminal Writ Petition, filed under Article 226 of the Constitution of India, has been instituted by the Petitioners against the Respondents, particularly Respondent Nos. 3 and 4, with the following prayer: “(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 19.08.2025, being FIR No. 0265 of 2025, for the offences punishable under Sections 115(2), 191(2), 351(2) and 352 of the B.N.S., 2023, registered at Police Station Kichha, District Udham Singh Nagar, on the basis of the compromise arrived at between the parties.” 5. Today, the matter is listed for disposal of the Compounding Application (I.A. No. 01 of 2025, Paper No. 30), seeking permission to compound the offences on the ground that the parties have amicably settled their dispute. 6. As per the FIR, the informant/Respondent No. 3 lodged an FIR at Police Station Kichha, District Udham Singh Nagar, naming Ram Singh S/o Shri Baldev Singh, Mahendra Singh S/o Shri Shyam Lal, Arvind S/o Shri Jeevan Lal, Amar Singh S/o Shri Baldev Prassad, Tushar S/o Shri Ved Pal, Vipin S/o Shri Mahaveer and Rahul S/o Shri Mahaveer, alleging that they, with pre-conceived intention and armed with sticks and sharp-edged weapons, attacked and caused injuries, including a head injury. The FIR further discloses that the dispute arose due to a local election rivalry. Respondent No. 4- Seva Ram, is the injured person, while Respondent No. 3, Mahaveer, is the informant. 7. The application has been duly signed by both the parties and endorsed by their respective learned counsels, namely Mr. Mohit Kumar Kashyap and Mr. Mohd. Imran, learned counsels for the Petitioners, and Mr. Anuj Singh Kunjwal, learned counsel for Respondent Nos. 3 and 4. Affidavits in support of the application have also been filed. The application is further fortified by the affidavits of the parties. 8. Learned State Counsel opposes the Compounding Application. 9. Today, all the parties are present before this Court and have been duly identified by their respective counsels. 10. In view of the statements made before this Court and the submissions advanced, this Court is satisfied that a genuine and voluntary compromise has been arrived at between the parties, without any duress, coercion or undue influence. 11. Considering the overall facts and circumstances of the case and the nature of the offences involved, the Compounding Application (I.A. No. 01 of 2025) is allowed, and the compromise between the parties is accepted. 12. Consequently, FIR No. 0265 of 2025 for the offences punishable under Sections 115(2), 191(2), 351(2) and 352 of the B.N.S., 2023, registered at Police Station Kichha, District Udham Singh Nagar, is hereby quashed insofar as it relates to the present Petitioners, in terms of the compromise. 13. The Criminal Writ Petition stands disposed of accordingly. 14. All pending applications, if any, also stand disposed of. ( Ash ish Nait h an i, J.) 23.12.2025 Shiksha SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c1 2f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED0 0E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.12.23 17:40:35 +05'30'