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2025 DAILYLAW 350 (UTT)

HIMANSHI SAINI AND ORS v. STATE OF UTTARAKHAND

WPCRL/1454/2025 · 2026-03-16

Rakesh Thapliyal

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 JUDGE’S ORDERS WPCRL No. 1454 of 2025 With Compounding Appl. No. 1 of 2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. Bhuvnesh Joshi, learned counsel for the petitioners. 2. Mr. Tumul Nainwal, learned A.G.A. for the State. 3. Mr. Ashutosh Joshi, learned counsel for the complainant. 4. By the instant petition, the petitioners Himanshi Saini, D/o Ritesh Kumar Saini, Keshav Saini, S/o Ritesh Kumar Saini and Ritesh Kumar Saini, S/o Jaipal are praying for quashing of FIR dated 18.6.2025, bearing FIR/Case Crime No. 201 of 2025 registered at P.S. Bhagwanpur District Haridwar wherein they have been implicated for the offences punishable under Sections 120B, 417, 420 and 495 IPC. 5. The writ petition is supported with the compounding application with the affidavits of the petitioners and the complainant/respondent no. 3. 6. In the compounding application it is contended that the respondent/ complainant does not want to pursue the impugned FIR since he has settled all the disputes with the petitioners. 7. Petitioner no. 1 in fact married with respondent no. 3 on 20.02.2022 but thereafter some dispute were arose and finally they have settled the disputes and marriage solemnized in between both of them was declared as null and void by the Family Court, Saharanpur on an application moved under Section 11 of Hindu Marriage Act. 8. Petitioner no. 1 and 3, i.e., daughter and father are present in Court and so far as petitioner no. 2 is concerned (brother of petitioner no. 1) he joined the proceeding through V.C. and they all identified by their counsel Mr. Bhuvnesh Joshi. Complaint-respondent no. 3 is also present in Court and identified by his Counsel Mr. Ashutosh Joshi. 9. Mr. Tumul Nainwal, learned A.G.A. for the State submits that the impugned FIR is still under investigation and one of the penal provision, i.e. Section 495 IPC is non compoundable however since parties have settled their disputes and respondent/ complainant does not want to pursue the impugned FIR, there is no useful purpose to go with the investigation. 10. After hearing the arguments of the learned counsel for the parties and taking into consideration that parties have settled their disputes this Court is of the view that the compounding application as well as writ petition deserves to be allowed. 11. Accordingly, the compounding application as well the instant writ petition are allowed. The impugned FIR dated 18.06.2025 bearing FIR No. 201 of 2025 registered at P.S. Bhagwanpur District Haridwar is hereby quashed. (Rakesh Thapliyal, J.) 16.03.2026 Parul