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2025 DAILYLAW 4852 (UTT)

PROMIL CHAUDHARY v. STATE OF UTTARAKHAND

WPCRL/281/2025 · 2025-04-04

Pankaj Purohit

body2025

Judgment text

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2025:UHC:2519 1 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Criminal No. 281 of 2025 04th April, 2025 Promil Chaudhary and another …………Petitioners Versus State of Uttarakhand and others …………Respondents ---------------------------------------------------------------------- Presence:- Mr. H C Pathak, Advocate for the petitioners. Mr. S.C. Dumka, A.G.A. with Ms. S.B. Dobhal, B.H. for the State. Mr. B.D. Pande, Advocate for respondent no.3. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. (Oral) The present writ petition has been filed under Article 226 of the Constitution of India, whereby petitioners have put to challenge FIR No.97 of 2025 dated 24.03.2025, under Sections 318(4) of B.N.S. 2023, registered with Police Station Kichha, District Udham Singh Nagar, on the ground that parties have entered into an amicable settlement and they want to put this matter to rest. 2. For the said purpose, a joint compounding application has also been moved by the parties supported by their respective affidavits. 3. In the compounding application, it has been narrated by the parties that they have settled their dispute and both do not want to proceed with the instant criminal proceedings. 4. Parties are present before this Court, duly identified by their respective Advocates. On interaction with both the parties, they stated that they have settled all their disputes amicably and do not want to proceed with the aforesaid investigation pursuant to the impugned F.I.R. Further the petitioners have already returned ₹3,00,000/- to respondent no.3 and it is agreed that rest amount of ₹2,00,000/- will be paid at the time of compounding of offence. 5. Learned State counsel has formally objected to the 2025:UHC:2519 2 offences in the F.I.R. 6. This Court is convinced that once the parties have decided to settle their dispute amicably, it would not be appropriate to direct them to join the investigation, which would ultimately result into nothing, but acquittal and would amount to be a futile exercise. 7. Compounding Application (IA No.1 of 2025) is allowed. 8. Accordingly, writ petition stands allowed. The impugned FIR No. 97 of 2025 dated 24.03.2025, under Sections 318(4) of B.N.S. 2023, registered with Police Station Kichha, District Udham Singh Nagar is hereby quashed. All subsequent proceedings, pursuant to impugned F.I.R., against the petitioners also stand quashed. (Pankaj Purohit, J.) 04.04.2025 SK