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2025 DAILYLAW 16108 (UTT)

GULSHER v. STATE OF UTTARAKHAND

WPCRL/1462/2025 · 2025-11-14

Ashish Naithani

body2025

Judgment text

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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 2025:UHC:10096 WPCRL No.1462 of 2025 With (Compounding Appl. No.01 of 2025) Hon’ble Ashish Naithani, J. Mr. Gaurav Singh, learned counsel for the Petitioner. 2. Mr. Girish Chandra Joshi, learned AGA for the State. 3. Mr. Birendra Singh Adhikari, learned counsel for Respondent Nos.4 & 5. 4. Present writ petition has been filed on behalf of the petitioner, who is in jail, under Article 226 of the Constitution of India alongwith compounding application and the same is supported with the affidavits of petitioner and respondent nos.4 & 5. 5. Petitioner, is being represented through his brother-Dilsher, son of Parvash. 6. Brother of the petitioner as well as respondent nos.4 & 5 are present in the Court. They are duly identified by their respective counsel. 7. By means of this writ petition, petitioner, who is in jail currently, has sought quashing of the impugned FIR No.798 of 2025 dated 04.08.2025 under Section 109, 115(2), 190, 191(2), 191(3), 351(2) & 352 of B.N.S. at Police Station Laksar, District Haridwar. 8. Petitioner has made his appearance through V.C. from Sub Jail Roorkee, District Haridwar, with the help of Jailor, Sub Jail Roorkee, District Haridwar and is being identified by the learned counsel for the petitioner. 9. Before lunch, petitioner’s brother Dilsher had made appearance on his behalf. 10. For ascertaining the identity and the contention, the Jail authorities were asked to produce the petitioner through V.C. 11. Learned counsel for the parties have filed their respective affidavits along with the compounding application stating therein that they do not wish to pursue the present criminal case any further and a compromise has been entered between them. 12. Learned State counsel has opposed the compromise application and submits that some of the offences are not compoundable. 13. Heard learned counsel for the parties and perused the material available on record. 14. In view of the principle of law laid down by Ho’ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303, criminal proceedings can be quashed by this Court, if this Court is satisfied that matter has been settled between the parties amicably and parties are interest to restore peace and harmony between them. 15. Having heard learned counsel for the parties and in view of the above, the compounding application is allowed. The impugned FIR No.798 of 2025 dated 04.08.2025 under Section 109, 115(2), 190, 191(2), 191(3), 351(2) & 352 of B.N.S. at Police Station Laksar, District Haridwar is hereby quashed. 16. The Jailor, Sub Jail Roorkee, District Haridwar is directed to release the petitioner- Gulsher forthwith without any condition in case he is not wanted in any other case. 17. Accordingly instant writ petition stands disposed of. (Ashish Naithani, J.) 14.11.2025 Arti ARTI SINGH Digitally signed by ARTI SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE2521F982, cn=ARTI SINGH Date: 2025.11.14 17:28:22 +05'30'