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2025:UHC:8080 S L . N o . Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
IA No.01 of 2025 (Compounding Application) In WPCRL No. 837 of 2025
Hon’ble Ashish Naithani, J.
Mr. Akshay Joshi, learned counsel for the Petitioner. 2. Mr. N. S. Kanyal, learned A.G.A. assisted by Mr. Rakesh Negi, learned Brief Holder for the State. 3. Mr. Divyaman Singh Sen, learned counsel holding brief of Mr. Vishwast Kandpal, learned counsel for Respondent nos. 2 & 3. 4. The present writ petition (criminal) under Article 226 of the Constitution of India is filed on behalf of the Petitioner, Bhagwan Dhami R/o Near Maharishi Vidhya Mandir School, Jajardewal, Tehsil & District Pithoragarh against the Respondent in particular Respondent nos. 2 & 3, Suraj Singh Kathayat (complainant) S/o Bhuwan Singh and Manju Dhami W/o Hoshiyar Singh Dhami respectively; the present writ petition comes with the prayer to quash the F.I.R. No.36 of 2025 for the offences under Sections 109(1), 281, 324(6) of BNS, dated 10.07.2025, at P.S. Jajardewal, District Pithoragarh; and the Applicant be released from jail in view of the amicable settlement between the parties. 5. Heard. 6. Admit. 7. Compounding Application (IA No.01 of 2025) is also annexed with the signatures of the parties with the present petition that is supported with the affidavits of the wife of the Petitioner and Respondent nos. 2 & 3 and the
2025:UHC:8080 said application is being endorsed by the learned counsel for the Petitioner and Respondent nos. 2 & 3, Mr. Akshay Joshi, Advocate and Mr. Vishwast Kandpal, Advocate respectively, today Mr. Divyaman Singh Sen, learned counsel is representing to Respondent Nos. 2 & 3. 8. The wife of the Petitioner, Sarita Devi, and Respondent nos. 2 & 3 Suraj Singh Kathayat (complainant) and Manju Dhami respectively are present before this Court through V.C, who are identified by their respective counsel. 9. After interacting with the parties, the grounds are sufficient for allowing the compounding application as the Respondent nos. 2 and 3 have submitted that the dispute has been settled amicably between the parties, now there is no dispute between them and they do not want to proceed with the aforesaid impugned F.I.R. against the Petitioner, therefore, the proceedings and other consequential order, if any, arising out of the F.I.R. in question may be quashed. 10.
The said compounding application is strongly opposed by the learned State counsel on the ground that the matter is serious of nature and is non-compoundable and there are grievous injuries sustained by the injured. 11. In view of the principle of law laid down by Hon'ble the Apex Court in the case of “Gian Singh vs. State of Punjab” reported in 2012 (10) SCC 303 as well as in Transfer Petition (Criminal) No. 115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, criminal proceedings can be quashed by this Court, if this Court is satisfied with the facts and
2025:UHC:8080 circumstances of the case. 12. Keeping in view of the totality of the facts and circumstances of the case, this Court is of the view that ends of justice would be met, if the entire proceedings against the Applicant are hereby quashed. 13. In view of the above, the compounding application is allowed. The F.I.R. No.36 of 2025 for the offences under Sections 109(1), 281, 324(6) of BNS, dated 10.07.2025, at P.S. Jajardewal, District Pithoragarh, is hereby quashed against the Petitioner. 14. The concerned Jailer is directed to release the Petitioner forthwith, as the matter has been settled between the parties. 15. Accordingly, the present writ petition (criminal) under Article 226 of the Constitution of India is, thus, disposed of in terms of the compromise arrived at between the parties. (Ashish Naithani, J.)
11.09.2025 Akash
AKASH Digitally signed by AKASH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, 2.5.4.20=dae2472c001d56469ea76fc0caa68f48ef73518 c148d140566ab1e26f9cbe61d, postalCode=263001, st=Uttarakhand, serialNumber=27096a1625377537a487dee49224c891 823fc6a0334628b21e516047ed4f22f7, cn=AKASH Date: 2025.09.11 17:29:45 +05'30'