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2025 DAILYLAW 1803 (UTT)

ASHISH TOMAR v. STATE OF UTTARAKHAND

WPCRL/91/2024 · 2025-08-26

Ashish Naithani

body2025

Judgment text

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2025:UHC:7564 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. 91 of 2024 Hon’ble Ashish Naithani, J . Mr. M.S. Pal, learned Senior Counsel assisted by Ms. Medha Pande, learned counsel for the Petitioners. 2. Mr. G.C. Joshi, learned A.G.A. for the State of Uttarakhand. 3. Mr. Apoorv Chauhan, learned counsel for Respondent Nos. 3 and 4. 4. The present Criminal Writ Petition under Article 226 of the Constitution of India has been filed on behalf of the Petitioners- Ashish Tomar, S/o Arun Tomar, and Vishesh Tomar, S/o Vikram Singh against the Respondents, particularly Respondent Nos. 3 and 4- Ankit Singh, S/o Upendra Kumar Singh, and Anjaney Rai, S/o Santosh Kumar Rai. 5. It is submitted that Mr. M.S. Pal, learned Senior Counsel, has pointed out a typographical error in the Petition, wherein "S/o" has been erroneously typed as "C/o". 6. The present Petition is filed with the following prayers: “(i) To issue a writ, order or direction in the nature of certiorari quashing F.I.R. No. 0331/2023, registered under Sections 307 and 504 of the Indian Penal Code, at Police Station Rajpur, District Dehradun, Uttarakhand. (ii) To issue a writ, order or direction in the nature of mandamus, directing Respondent No. 2 not to adopt any coercive measures, including 2025:UHC:7564 arrest of the Petitioners, in relation to the said F.I.R. No. 0331/2023.” 7. Today, the matter is listed for disposal of the Compounding Application (IA No. 01 of 2024, Paper No. 17), which seeks permission to compound the offence on the ground that the parties have amicably resolved their differences. The application is duly signed by all parties and endorsed by their respective learned counsel-Ms. Medha Pande and Mr. Vikramaditya Shah, Advocates for the Petitioners, and Mr. Apoorv Chauhan and Mr. Digvijay Singh Bisht, Advocates for Respondent Nos. 3 and 4. In support of the compounding application, affidavits have been filed by the parties. 8. The learned State Counsel vehemently opposes the Compounding Application, submitting that the offences involved are non-compoundable in nature, particularly the charge under Section 307 IPC (attempt to murder), and that the injured party sustained grievous injuries. 9. Injured person Anjaney Rai, along with the complainant/Respondent No. 3- Ankit Singh, are present in-person before the Court and are duly identified by Mr. Apoorv Chauhan, Advocate. Upon interaction, the injured states that he was hurt but does not recall how the incident occurred. Upon querying the complainant/Respondent No. 3 as to how he named the accused in a case under Section 307 IPC, he states that he did not witness the incident himself and that the information was relayed 2025:UHC:7564 to him by someone else. 10. Petitioner Nos. 1 and 2—Ashish Tomar and Vishesh Tomar—are also present in-person before the Court and are duly identified by Ms. Medha Pande, Advocate. 11. After interacting with the parties, this Court is satisfied that a genuine compromise has been reached, as evidenced by the vague and inconsistent responses concerning the incident. Furthermore, after speaking with both the injured and the complainant, it appears that their statements were made voluntarily and not under any duress or pressure. 12. Considering the facts and circumstances of the case, the Compounding Application is allowed. The compromise arrived at between the parties is accepted. Consequently, F.I.R. No. 0331/2023, under Sections 307 and 504 IPC, P.S. Rajpur, District Dehradun, Uttarakhand, 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. (Ashish Naithani, J.) 26.08.2025 Shiksha SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c1 2f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED0 0E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.08.26 17:23:42 +05'30'