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2025 DAILYLAW 7609 (UTT)

SUDHANSHU CHAUHAN v. STATE OF UTTARAKHAND

WPCRL/597/2025 · 2025-06-12

Pankaj Purohit

body2025

Judgment text

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2025:UHC:4862 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Criminal No. 597 of 2025 Sudhanshu Chauhan --Petitioner Versus State Of Uttarakhand and Ors. --Respondents ---------------------------------------------------------------------- Presence:- Mr. Ankush Kumar Tyagi, learned counsel for petitioner. Mr. S.C. Dumka, learned A.G.A. with Ms. Sweta Badola Dobhal, learned Brief Holder for the State of Uttarakhand/ respondent Nos.1 and 2. Mr. Sumit Joshi, 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, petitioner has put to challenge the First Information Report No.0122 of 2025 dated 16.04.2025, under Sections 115, 351(2), 352 of the B.N.S. Act, 2023 and under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered with Police Station Jaspur, 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 is filed and signed duly supported by separate affidavits by petitioner, 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 dated 12.05.2025 has also took place 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. Petitioner-Sudhanshu Chauhan and respondent No.3-Pankaj Kumar are present before this Court through V.C., being duly identified by their respective counsel. On interaction, respondent No.3 stated that they are resident of same village and he does not want to prosecute the 1 2025:UHC:4862 above case against the petitioner in view of the amicable settlement arrived at between them. He fairly conceded that he has no objection if compounding application is allowed. 6. Learned State Counsel passed on to this Court instruction, which is taken on record. On the basis of said instruction, learned State Counsel submits that after investigation, the offence under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, has been deleted against the petitioner. 7. Having heard learned counsel for the parties, this Court is of the opinion that since the parties have reached to the terms of the compromise, 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. 8. Accordingly, compounding application is hereby allowed. The compromise arrived at between the parties is accepted. The First Information Report No. 0122 of 2025 dated 16.04.2025, under the aforementioned Sections, registered with Police Station Jaspur, District Udham Singh Nagar, is hereby quashed. Consequently, all the subsequent proceedings pursuant to the impugned FIR automatically shall come to an end. 9. Present criminal writ petition stands allowed accordingly. (Pankaj Purohit, J.) 12.06.2025 PN 2 PREETI NEGI Digitally signed by PREETI NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadb e38331bac55c78b5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE8 1FAE064498483A83D84BDB0F9229D5BF08D 959AC, cn=PREETI NEGI Date: 2025.06.13 15:06:12 +05'30'