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2025 DAILYLAW 17161 (UTT)

JATIN ALIAS SULA AND ORS v. STATE OF UTTARAKHAND

WPCRL/1518/2025 · 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. 1518 of 2025 Hon ’ble Ash ish Nait h an i, J . Mr. Vaibhav Singh Chauhan, learned counsel for the Petitioners. 2. Mr. N.S. Kanyal, learned A.G.A. for the State of Uttarakhand/1 to 3. 3. Mr. Abhishek Joshi, learned counsel for the Respondent Nos. 4 to 8. 4. The present Writ Petition under Article 226 of the Constitution of India filed by the Petitioners for quashing/setting aside the FIR NO. 601 of 2025 dated 05.09.2025 under Sections 115(2), 191(3), 352, 109(1) and 3(5) of B.N.S., 2023 and under Section 3/25 of the Arms Act, At Police Station Kotwali Haridwar District Haridwar and directing the Respondent Nos. 1 to 3 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. 34), 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. Vaibhav Singh Chauhan, learned counsel for the Petitioners, and Mr. Abhishek Joshi, learned counsel for Respondent Nos. 4 to 8. Affidavits in support of the application have also been filed. 6. Learned State Counsel opposes the Compounding Application. 7. All the Petitioners are present before the Court through video conferencing District Jail Haridwar. Respondent Nos. 4 to 8 is also present in person. They all have been duly identified by their respective learned counsel. 8. In post lunch session, the parties are present before this Court along with their learned counsel. The respondents are present in person before this Court duly identified by their respective learned counsel. The petitioners are present before this Court through video conferencing facilitated by the Jailor, District Jail, Haridwar. 9. Learned State Counsel objects to the said compounding application with the submission that respondent/injured, in particular, respondent no.4 Abhishek Mehta @ Abhishek Mahto and respondent no.5 Vishnu Kumar, have sustained grievous injuries. There is a visible injuries at right eye of the respondent no.4- Abhishek Mehta @ Abhishek Mahto, and Vishnu Kumar sustained a gunshot injury, whereby a palate of the bullet on right side of the chest, was removed by the operation by the medical expert. 10. Considering the seriousness of the said injuries, the compounding application may not be entertained. 11. After interacting to the parties, this Court is constrained that the ground for compounding application are sufficient and in this light the compounding application is allowed. 12. 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 Nos. 4 to 8 are voluntary and bona fide, and that no element of duress, coercion, or undue pressure is involved. 13. 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. 14. Consequently, the impugned F.I.R. No. 601 of 2025, dated 05.09.2025 under Sections 115(2), 191(3), 352, 109(1) and 3(5) of B.N.S., 2023 and under Section 3/25 of the Arms Act, At Police Station Kotwali Haridwar District Haridwar, is hereby quashed, insofar as it relates to the present Petitioners, in terms of the compromise. 15. The Criminal Writ Petition stands disposed of accordingly. 16. All pending applications, if any, also stand disposed of. ( Ash ish Nait h an i, J.) 28.11.2025 Ravi