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2025:UHC:11246 SL . N o. Dat e Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig n at u r es COURT’S OR JUDGE’S ORDERS
IA No.01 of 2025 (Compounding Application) In WPCRL No. 1632 of 2025
Hon’ble Ashish Naithani, J.
Mr. I. D. Paliwal, learned counsel for the Petitioners. 2. Mr. Bhaskar Chandra Joshi, learned A.G.A. assisted by Mr. Vijay Khanduri, learned Brief Holder for the State. 3. Mr. Subhash Joshi, learned counsel for Respondent nos.3 to 9. 4. The present writ petition (criminal) under Article 226 of the Constitution of India filed on behalf of the Petitioners, Nisar Ahmad S/o Abdul Husain, Farman S/o Nisar Ahmad, Suhail S/o Nisar Ahmad, Firoj Alam S/o Israr Husain, Arman Ali S/o Nisar Ahmad, Mahfuj Alam S/o Israr Husain and Faizan Ali @ Guddu S/o Abarar Husain against the Respondents, Dinesh Kumar S/o Gajram Singh, Gajram Singh S/o Lal Ji, Maya W/o Gajram Singh, Santosh S/o Dinesh Kumar, Pushpendar Kumar S/o Gajram Singh, Rekha W/o Deepak Kumar and Pooja W/o Pushpendar Kumar; the present writ petition comes with the prayer to quash the impugned F.I.R. dated 01.11.2025 registered as FIR No.0280 of 2025 for the alleged offence punishable under Sections 115(2), 191(2), 332(c), 351(2), 352 of BNS, 2023, registered at P.S. I.T.I., District Udham Singh Nagar lodged by the Respondent no.3 against the Petitioners in view of an amicable settlement taken place between the parties and further to direct the Respondent nos. 1 & 2 not to arrest the Petitioners in pursuance to the abovementioned FIR. 5. Heard. 6. Admit. 7. The Compounding Application (IA No.01 of 2025) is
2025:UHC:11246 also annexed with the present petition that is supported with the affidavits of the parties and the said application is being endorsed by the learned counsel for the Petitioners and Respondent nos.3 to 9, Mr. I. D. Paliwal, Advocate and Mr. Subhash Joshi, Advocate respectively. 8. The Petitioners and Respondent nos.3 to 9 are present before this Court, who are identified by their respective counsel. 9.
As per the compounding application, it is stated that the present case is an outcome of misunderstanding among the Petitioners and Respondent nos.3 to 9 and due to annoyance of Respondent no.3 towards the Petitioners and subsequent to that the impugned FIR was lodged against the Petitioners. 10. It is further stated that since the entire prosecution version is nothing but an outcome of the misunderstanding among the Petitioners and Private Respondents and somehow the parties have come into the terms of compromise and they amicably settled their dispute and they buried their differences among themselves and it is requested that the compounding application be allowed and the proceedings and other consequential order, if any, arising out of the F.I.R. in question may be quashed. 11. The said compounding application is strongly opposed by the learned State counsel. 12. In view of the principle of law laid down by Hon'ble the Apex Court in the case of “Gian Singh vs. State of Punjab” reported in 2012 (10) SCC 303 as well as in Transfer Petition (Criminal) No. 115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, criminal proceedings can be quashed by this Court, if this Court is satisfied with the facts and circumstances of the case. 13. Keeping in view of the totality of the facts and
2025:UHC:11246 circumstances of the case, this Court is of the view that ends of justice would be met, if the entire proceedings and other consequential order, if any, against the Petitioners are hereby quashed. 14. In view of the above, the compounding application is allowed. The impugned F.I.R. dated 01.11.2025 registered as FIR No.0280 of 2025 for the alleged offence punishable under Sections 115(2), 191(2), 332(c), 351(2), 352 of BNS, 2023, registered at P.S. I.T.I., District Udham Singh Nagar lodged by the Respondent no.3 against the Petitioners, is hereby quashed. 15.
The present writ petition (criminal) under Article 226 of the Constitution of India is, thus, disposed of in terms of the compromise arrived at between the parties. (Ashish Naithani, J.)
16.12..2025 Akash
AKASH Digitally signed by AKASH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, 2.5.4.20=dae2472c001d56469ea76fc0caa68f48e f73518c148d140566ab1e26f9cbe61d, postalCode=263001, st=Uttarakhand, serialNumber=27096a1625377537a487dee4922 4c891823fc6a0334628b21e516047ed4f22f7, cn=AKASH Date: 2025.12.17 11:01:22 +05'30'