HARENDRA SINGH MADHWAL ALIAS HARENDRA SINGH v. STATE OF UTTARAKHAND
WPCRL/1639/2025 · 2025-12-10
Ashish Naithani
Writ Petition (Criminal)body2025
DailyLaw.ai
[ 2025 DAILYLAW 17094 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17094 (UTT) · dailylaw.ai ]
Judgment text
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2025:UHC:10992 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. 1639 of 2025
Hon’ble Ashish Naithani, J.
Mr. D. C. S. Rawat, learned counsel for the Petitioner. 2. Mr. Vipul Painuly, learned A.G.A. for the State. 3. Mr. Ajay Joshi, learned counsel for Respondent no.3. 4. The present writ petition (criminal) under Article 226 of the Constitution of India has been filed on behalf of the Petitioner, Harendra Singh Madhwal @ Harendra Singh S/o Shri Kunwar Singh against the Respondent no.3, Sandhya Rawat, who is the complainant; the present writ petition comes with the prayer to quash the impugned F.I.R./Case Crime No.0012 of 2025 dated 16.10.2025 for the offence punishable under Sections 308(3), 351(2), 74, 75, 77, 79 of BNS, 2023, at P.S. Chaukhutiya, District Almora as compounded on the basis of compromise entered into between the Petitioner and Respondent no.3. 5. Heard. 6. Admit. 7. The Compounding Application (IA No.01 of 2025) is 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 Petitioner and Respondent no.3, Mr. D. C. S. Rawat, Advocate and Mr. Ajay Joshi, Advocate respectively. 8. The Petitioner and Respondent no.3 are present before this Court, who are identified by their respective counsel. 9. After interacting with the parties especially with Respondent no.3, Sandhya Rawat, who makes a statement that the parties have settled the dispute amicably outside the Court and
2025:UHC:10992 now the Respondent no. 3 does not want to prosecute the Petitioner and also does not want to proceed with the matter against the Petitioner, therefore, the proceedings and other consequential order, if any, arising out of the F.I.R. in question may be quashed. 10. The said compounding application is strongly opposed by the learned State counsel on the ground that some of the offences are non-compoundable. 11.
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. 12. Keeping in view of the totality of the facts and 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. 13. In view of the above, the compounding application is allowed. The impugned F.I.R./Case Crime No.0012 of 2025 dated 16.10.2025 for the offence punishable under Sections 308(3), 351(2), 74, 75, 77, 79 of BNS, 2023, at P.S. Chaukhutiya, District Almora, is hereby quashed. 14. 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.)
10.12.2025 Akash
AKASH Digitally signed by AKASH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, 2.5.4.20=dae2472c001d56469ea76fc0caa68f48ef73518c148d1405 66ab1e26f9cbe61d, postalCode=263001, st=Uttarakhand, serialNumber=27096a1625377537a487dee49224c891823fc6a033 4628b21e516047ed4f22f7, cn=AKASH Date: 2025.12.11 10:27:51 +05'30'