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2025 DAILYLAW 5428 (UTT)

GURJIT SINGH AND ANR v. STATE OF UTTARAKHAND

WPCRL/354/2025 · 2025-04-23

Pankaj Purohit

body2025

Judgment text

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2025:UHC:2917 1 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Criminal No. 354 of 2025 23 April, 2025 Gurjit Singh and Anr. --Petitioners Versus State of Uttarakhand and Ors. --Respondents ---------------------------------------------------------------------- Presence:- Mr. Kundan Singh, learned counsel for petitioners. Mr. Mr. Bhaskar Chandra Joshi, learned A.G.A. with Mr. Vipul Painuli, learned Brief Holder for the State of Uttarakhand/respondent Nos.1 and 2. Mr. S.R.S. Gill, learned counsel for respondent No.3. Hon'ble Pankaj Purohit, J. Heard learned Counsel for the parties. 2. By means of the present writ petition, petitioners have put to challenge the First Information Report No.0133 of 2025 dated 08.04.2025, under Sections 115, 351(2) and 352 of the B.N.S. Act, 2023, registered with Police Station Bajpur, District Udham Singh Nagar, in view of the compromise entered into between the parties. 3. Along with present criminal writ petition, a joint compounding application (IA/1/2025) is filed and signed duly supported by separate affidavits by petitioners and respondent No.3. 4. In the compounding application, it has been stated by the parties that the parties have reached to the terms of compromise wherefor a settlement has also reached between them. It is thus, prayed that the present first information report be quashed in terms of the compromise arrived at between the parties. 5. Petitioners-Gurjit Singh, Vinod Kumar Singh and respondent no.3-Ajeet Pratap Singh Randhawa, are present before this Court being duly identified by their 2025:UHC:2917 2 respective counsel. On interaction, respondent No.3 stated that he and petitioners belong to the same area and due to some misunderstanding, the alleged incident took place and now the matter has been amicably settled between them; he doesn’t want to prosecute the above case against the petitioners in view of the amicable settlement arrived between them. He fairly conceded that he has no objection if compounding application is allowed. 6. Since the parties have reached to the terms of the compromise, this Court is of the firm opinion that there would remain a remote or bleak possibility of conviction in this case. It can also safely be inferred that it would be unfair or contrary to the interest of justice to permit continuation of the criminal proceedings. Since the answer to the aforesaid points is in affirmative, this Court finds it a fit case to permit the parties to compound the matter. 7. Accordingly, compounding application (IA/1/ 2025) is hereby allowed. The compromise arrived at between the parties is accepted. The First Information Report No.0133 of 2025 dated 08.04.2025, under Sections 115, 351(2) and 352 of the B.N.S. Act, 2023, registered with Police Station Bajpur, District Udham Singh Nagar, is hereby quashed. Consequently, all the subsequent proceedings pursuant to the impugned FIR automatically shall come to an end. 8. Present criminal writ petition stands allowed accordingly. (Pankaj Purohit, J.) 23.04.2025 PN PREETI NEGI Digitally signed by PREETI NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadbe38331bac55c78b5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FAE064498483A83D84BDB0F9229D5BF08D 959AC, cn=PREETI NEGI Date: 2025.04.23 15:28:38 +05'30'