Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 15994 (UTT)

NANNU ALIAS AHDUD ALI AND ORS v. STATE OF UTTARAKHAND

WPCRL/878/2025 · 2025-11-14

Ashish Naithani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:10077 SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPCRL No. 878 of 2025 Hon ’ble Ash ish Nait h an i, J . Mr. Birendra Singh Adhikari, learned counsel for the Petitioners. 2. Mr. G.C. Joshi, learned A.G.A. for the State of Uttarakhand. 3. Mr. Gaurav Singh, learned counsel for Respondent No. 3 and injured. 4. The present Criminal Writ Petition, filed under Article 226 of the Constitution of India, has been instituted by the Petitioners- Nannu alias Ahdud Ali S/o Samun, Sher Ali S/o Fattu, Ajram alias Kallu S/o Kayyum, Sanvar S/o Samun Ali and Sahbas S/o Sher Ali against the Respondents, particularly Respondent No. 3- Ali Sher, with the following prayers: “(i) Issue a writ, order or direction in the nature of certiorari quashing the First Information Report dated 06.08.2025 in Case Crime No. 808 of 2025, under Sections 109, 115(2), 190, 191(2), 191(3), 333, 351(2) and 352 of the B.N.S., 2023. (ii) Issue a writ, order or direction in the nature of mandamus directing Respondent No. 1 not to arrest the Petitioners in connection with the First Information Report dated 06.08.2025 in Case Crime No. 808 of 2025, under Sections 109, 115(2), 190, 191(2), 191(3), 333, 351(2) and 352 of the B.N.S., 2023.” 5. Today, the matter is listed for disposal of the Compounding Application (I.A. No. 02 of 2025, Paper No. 48), seeking permission to compound the offences on the 2025:UHC:10077 ground that the parties have amicably settled their dispute. 6. The application has been duly signed by both sides and endorsed by their respective learned counsel—Mr. Birendra Singh Adhikari for the Petitioners, and Mr. Gaurav Singh, learned counsel for Respondent No. 3 and the injured. Affidavits in support of the application have also been filed. 7. As per the FIR, a fourteen-year-old boy sustained injuries, resulting in a scuffle between the parties. 8. Learned State Counsel strongly opposes the Compounding Application on the ground that the injured sustained serious injuries and that some of the offences alleged are non-compoundable in nature. 9. All the Petitioners and Respondent No. 3, along with the injured, are present in person before this Court and have been duly identified by their respective counsel. 10. After interacting with the complainant, who is the uncle of the injured boy, and the mother of the injured, namely- Ms. Munkila W/o Gulsher, she makes a statement before this Court that there was a scuffle, her son sustained minor injuries, and now they do not wish to proceed with the matter any further. 11. Learned counsels for the parties jointly submit that they have reconciled their differences and amicably settled the dispute, leading to the present Compounding Application. 12. After interacting with the parties and in view of the statements made before this Court and the submissions advanced, this Court is satisfied that a genuine and voluntary 2025:UHC:10077 compromise has been entered into between the parties, without any duress, coercion, or undue influence. 13. Considering the overall facts and circumstances of the case, the Compounding Application (I.A. No. 02 of 2025) is allowed. The compromise between the parties is accepted. 14. Consequently, the First Information Report dated 06.08.2025 registered as Case Crime No. 808 of 2025, for offence punishable under Sections 109, 115(2), 190, 191(2), 191(3), 333, 351(2) and 352 of the B.N.S., 2023, is hereby quashed, insofar as it relates to the present Petitioners, in terms of the compromise. 15. The Criminal Writ Petition stands disposed of accordingly. 16. All pending applications, if any, also stand disposed of. ( Ash ish Nait h an i, J.) 14.11.2025 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=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18FE2 9BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.11.17 17:24:01 +05'30'