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2025 DAILYLAW 7699 (UTT)

RAHUL BISWAS v. STATE OF UTTARAKHAND

WPCRL/606/2025 · 2025-07-03

Pankaj Purohit

body2025

Judgment text

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2025:UHC:5657 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Criminal No. 606 of 2025 03 July, 2025 Rahul Biswas --Petitioner Versus State of Uttarakhand and Ors. --Respondents ---------------------------------------------------------------------- Presence:- Mr. Pankaj Semwal, learned counsel for petitioner. Mr. Bhaskar Chandra Joshi, learned A.G.A. for the State of Uttarakhand/respondent Nos.1 and 2. Ms. Anupriya Ray and Mr. Saurabh Bodhori, learned counsel for respondent Nos.3 to 5. 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.0078 of 2025 dated 04.05.2025, under Sections 115(2) and 351(3) of the B.N.S. Act, 2023, registered with Police Station Dineshpur, 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, which is signed and duly supported by separate affidavits by petitioner and respondent Nos.3 to 5. 4. In the compounding application, it has been stated by the parties that the parties (petitioner and respondent No.3) have settled the dispute amicably on 28.05.2025 and a compromised were made on paper 1 2025:UHC:5657 and was signed by both the parties. It is thus, prayed that the present first information report be quashed in terms of the compromise arrived at between the parties. 5. Petitioner-Rahul Biswas, respondent No.3- Smt. Krishna Mandal (wife of petitioner), respondent No.4-Alok Mandal (injured) and respondent No.5- Ashok Mandal (injured), are present before this Court, duly identified by their respective counsel. On interaction, respondent Nos.3 to 5 stated that this is a matrimonial dispute between the petitioner and respondent No.3, now, the dispute is amicably settled between them and a compromise has arrived between them on paper on 28.05.2025 duly signed by both the parties, therefore, they do not want to prosecute the above case against the petitioner in view of the amicable settlement arrived at between them. They fairly conceded that they have no objection if compounding application is allowed. 6. Learned State Counsel has no objection if the compounding application is allowed, as the offences sought to be compounded are compoundable. 7. 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. 2 2025:UHC:5657 8. Accordingly, compounding application (IA/1/ 2025) is hereby allowed. The compromise arrived at between the parties is accepted. The First Information Report No.0078 of 2025 dated 04.05.2025, under Sections 115(2) and 351(3) of the B.N.S. Act, 2023, registered with Police Station Dineshpur, District Udham Singh Nagar, is hereby quashed. Consequently, all the subsequent proceedings pursuant to the impugned FIR automatically shall come to an end. 9. In view of the above, the present criminal writ petition is allowed. (Pankaj Purohit, J.) 03.07.2025 PN 3 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 1FAE064498483A83D84BDB0F9229D5BF08D9 59AC, cn=PREETI NEGI Date: 2025.07.04 10:12:09 +05'30'