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2025 DAILYLAW 16092 (UTT)

DHARMENDRA JOSHI v. STATE OF UTTARAKHAND

WPCRL/1584/2025 · 2025-12-03

Ashish Naithani

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Dat e Of f ice Not es, r epor t s, or ders 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 2025:UHC:10748 WPCRL No.1584 of 2025 Hon ’ble Ash ish Nait h an i, J. Mr. Harshit Sanwal, learned counsel for the Petitioners. 2. Mr. N.S. Kanyal, learned AGA, for the State of Uttarakhand/1. 3. Mr. Pankaj Kapil, learned counsel for the Respondent No.2. 4. The present writ petition has been filed by the Petitioners under Article 226 of the Constitution of India challenging the FIR No.0016 of 2025, dated 19.07.2025, under Sections 115 (2), 126 (2), 351 (3) and 352 of BNS, 2023, at Police Station Dwarahat, District Almora. 5. Parties are present in person before this Court. After interacting with the parties, it seems that the parties do not wish to carry the matter further and have settled their disputes amicably. Considering the overall facts and circumstances of the case, this Court finds grounds are sufficient for allowing the compounding applications. 6. Learned State Counsel has vehemently opposed the compounding application. 7. Today, the matter is listed for disposal of the Compounding Application (IA No.1/2025) which seeks permission to compound the offence on the ground that the parties have amicably resolved their differences. 8. 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 private Respondent, it appears that their statements were made voluntarily and not under any duress or pressure. 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.0016 of 2025, dated 19.07.2025, under Sections 115 (2), 126 (2), 351 (3) and 352 of BNS, 2023, at Police Station Dwarahat, District Almora, 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. ( Ash ish Nait h an i, J.) 0 3 .1 2 .2 0 2 5 Nitesh/