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2025 DAILYLAW 16885 (UTT)

VIRENDER SINGH BISHT v. STATE OF UTTARAKHAND

WPCRL/1553/2025 · 2025-11-28

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 WPCRL No. 1553 of 2025 Hon ’ble Ash ish Nait h an i, J . Mr. Sunder Singh Mehra, learned counsel for the Petitioners. 2. Mr. N.S. Kanyal, learned A.G.A. for the State of Uttarakhand/1 to 2. 3. Ms. Geetanjali, learned counsel for the Respondent No. 3 through video conferencing. 4. The present Writ Petition under Article 226 of the Constitution of India filed by the Petitioners for quashing/setting aside the FIR NO. 0146 of 2025, under Section 109(1) of B.N.S., 2023 and under Section 3/25 of the Arms Act, At Police Station Kathgodam District Nainital and directing the Respondent Nos. 1 and 2 not to arrest the Petitioners in connection with the abovementioned FIR. 5. Today, the matter is listed for disposal of the Compounding Application (IA No. 01 of 2025, Paper No. 18), seeking permission to compound the offences on the ground that the parties have amicably settled their dispute. The application has been duly signed by both sides and endorsed by their respective learned counsel — Mr. Sunder Singh Mehra, learned counsel for the Petitioners, and Ms. Geetanjali Dhami and Mr. Sagar Malara., learned counsels for Respondent No. 3. Affidavits in support of the application have also been filed. 6. The present matter relates to a gunshot being fired at a Bar Parking Place, Damua Dhunga, Kathgodam District Nainital. Respondent no.3-Krishan Kumar Kohli, operates a Kohli Bar Restaurant, and as per the footage in the CCTV Camera, the Respondent No.3-Sri K.R. Kohli had identified the person being present, who is the present petitioner appearing before this Court through video conferencing facilitated by Jailor, Sub Jail, Haldwani, District Nainital. Respondent no.3, who identified the present petitioners as seen on the day of incident recorded in the CCTV footage. Petitioners are duly identified by their learned counsel appearing before this Court. 7. Learned State Counsel opposes the Compounding Application. 8. All the Petitioners are present before the Court through video conferencing Sub Jail Haldwani, District Nainital. Respondent No. 3 is also present in person. They all have been duly identified by their respective learned counsel. 9. After interacting with all parties, this Court is satisfied that a genuine compromise has been arrived at between them. The Court finds that the statements made by the Petitioners and Respondent No. 3 are voluntary and bona fide, and that no element of duress, coercion, or undue pressure is involved. 10. Considering the overall facts and circumstances of the case and the nature of the offences involved, the Compounding Application (IA No. 01 of 2025) is allowed. The compromise between the parties is accepted. 11. Consequently, the impugned FIR NO. 0146 of 2025, under Section 109(1) of B.N.S., 2023 and under Section 3/25 of the Arms Act, At Police Station Kathgodam District Nainital, 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.) 28.11.2025 Ravi