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SL. No. Dat e Office Not es, r epor t s, or der s 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:11216
WPCRL No.1680 of 2025 Hon’ble Ashish Naithani, J.
Mr. Tajhar Qayyum, learned counsel for the Petitioner.
2. Mr. Rakesh Negi, learned Brief Holder for the State.
3. Mr. Himanshu Agarwal, learned counsel for Respondent no.2.
4. Present writ petition has been filed by the petitioner under Article 226 of the Constitution of India alongwith compounding application paper no.22, which is supported with the affidavits of petitioner and respondent no.2 wherein parties have annexed their signatures.
5. By means of this writ petition, petitioner has sought quashing of the FIR No.403 dated 16.11.2025 under Sections 109, 115(2), 351(3) of BNS registered at Police Station Ramnagar, District Nainital. Further prayer has been made commanding the respondent no.1 not to arrest the petitioner pursuant to the aforesaid FIR.
6. Petitioner as well as respondent no.2 are present in the Court. They are duly identified by their respective counsels.
7.
Learned counsel for the parties have filed their respective affidavits along with the compounding application stating therein that they do not wish to pursue the present criminal case any further and a compromise has been entered between them.
8. Learned State counsel has opposed the compounding application stating that some of the offences are non-compoundable.
9. Heard learned counsel for the parties and perused the material available on record.
10. In view of the principle of law laid down by Ho’ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303, criminal proceedings can be quashed by this Court, if this Court is satisfied that matter has been settled between the parties amicably and parties are interest to restore peace and harmony between them.
11. Having heard learned counsel for the parties and in view of the above, the compounding application is allowed. The entire proceedings pursuant to the FIR No.403 dated 16.11.2025 under Sections 109, 115(2), 351(3) of BNS registered at Police Station Ramnagar, District Nainital are hereby quashed.
12. Accordingly criminal writ petition stands
disposed of.
(Ashish Naithani, J.)
16.12.2025 Arti
ARTI SINGH Digitally signed by ARTI SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE2521F982, cn=ARTI SINGH Date: 2025.12.17 11:20:31 +05'30'