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2025 DAILYLAW 16853 (UTT)

SUSHIL KUMAR AND OTHERS v. STATE OF UTTARAKHAND

WPCRL/1119/2025 · 2025-12-01

Ashish Naithani

body2025

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:10697 WPCRL No.1119 of 2025 Hon ’ble Ash ish Nait h an i, J. Mr. Parikshit Saini, learned counsel for the Petitioners. 2. Mr. Vipul Painuly, learned AGA, for the State of Uttarakhand/1 and 2. 3. Mr. Mohd Safdar, learned counsel for the Respondent Nos.3 to 5. 4. The present writ petition has been filed by the Petitioners under Article 226 of the Constitution of India challenging the Case Crime No.0255 of 2025, under Sections 109 (1), 126 (2), 190, 191 (2), 191 (3), 351 (2) of the Bhartiya Nyaya Sanhita, 2023, at Police Station Jhabrera, District Haridwar. 5. The compounding application paper no.17 has been filed on behalf of the parties, whereby the Petitioners and the Respondent Nos.3, 4 and 5 have annexed their signatures duly identified by the learned counsels for the parties, which is supported with an affidavit. 6. There is a objection on behalf of the State with a strong contention that the matter is of serious in nature, which is being captured in the CCTV footage and there are ballistic reports of the fire arm said to have been used by the assailants in the present matter as well as the injury reports and the said compounding application is also non compoundable and should not be allowed. 7. Parties are present in person before this Court. After interacting with the parties, it seems that there has been a tussle between the parties, but the parties do not wish to carry the matter further and have settled their disputes amicably. After interacting with the parties and considering the injuries, which are said to be just lacerated wounds, the grounds are sufficient for allowing the compounding applications. 8. Today, the matter is listed for disposal of the Compounding Application which seeks permission to compound the offence on the ground that the parties have amicably resolved their differences. 9. 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 Respondents, it appears that their statements were made voluntarily and not under any duress or pressure. 10. Considering the facts and circumstances of the case, the Compounding Application (IA No.1/2025) is allowed. The compromise arrived at between the parties is accepted. Consequently, Case Crime No.0255 of 2025, under Sections 109 (1), 126 (2), 190, 191 (2), 191 (3), 351 (2) of the Bhartiya Nyaya Sanhita, 2023, at Police Station Jhabrera, District Haridwar, is hereby quashed insofar as it relates to the present Petitioners, in terms of the compromise. 11. The Criminal Writ Petition stands disposed of accordingly. 12. All pending applications, if any, also stand disposed of. ( Ash ish Nait h an i, J.) 0 1 .1 2 .2 0 2 5 Nitesh/