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2026 DAILYLAW 109 (UTT)

HASIM v. STATE OF UTTARAKHAND

WPCRL/166/2026 · 2026-01-20

Alok Mahra

body2026

Judgment text

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2026:UHC:595 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL/166/2026 Hon’ble Alok Mahra, J. Mr. D.N. Sharma learned counsel for the petitioner. 2. Mr. B.N. Molakhi, learned Deputy A.G. for the State. 3. Ms. Manju Bahuguna, learned counsel for respondents. 4. Present writ petition under Article 226 of the Constitution of India has been filed seeking issuance of a writ, order or direction in the nature of certiorari quashing F.I.R. No. 0263 of 2025 dated 14.09.2025, registered under Sections 115(2), 191(2) and 74 of the Bharatiya Nyaya Sanhita, 2023 at Police Station Gadarpur, District Udham Singh Nagar, as well as all consequential proceedings arising therefrom. 5. Brief facts of the case are that an F.I.R. was lodged by the complainant alleging that on 13.09.2025 at about 6:00 P.M., his minor daughter was present on the village road, where his son was teaching her to ride a motorcycle. It was alleged that the accused–Hashim, who had earlier been loitering around the minor girl and had demanded her mobile number, upon objection being raised by the son of the complainant, allegedly assaulted him along with other unknown persons, who were stated to be armed with deadly weapons, thereby causing serious injuries on the head of the complainant’s son. 6. Learned counsel for the petitioners would submit that the dispute arose out of a sudden altercation and there was no 2026:UHC:595 premeditation. It is further submitted that subsequently, with the intervention of respectable persons of the locality, the matter has been amicably settled between the parties, and the private respondents have no grievance left against the petitioners and do not wish to prosecute them further. 7. The petitioners as well as the private respondents are present before this Court and have been duly identified by their respective learned counsel. Upon interaction with the private respondents, they have categorically stated that the dispute has been resolved amicably and they do not want to pursue the criminal proceedings against the petitioners in future. 8. Having regard to the nature of allegations, the fact that the dispute is essentially personal in nature, and in view of the amicable settlement arrived at between the parties, this Court is of the considered opinion that continuation of the criminal proceedings would be an abuse of the process of law. 9. Accordingly, the compounding application is allowed and F.I.R. No. 0263 of 2025 dated 14.09.2025, registered under Sections 115(2), 191(2) and 74 of the Bharatiya Nyaya Sanhita, 2023 at Police Station Gadarpur, District Udham Singh Nagar, along with all consequential proceedings arising therefrom, is hereby quashed. 10. The writ petition is accordingly disposed of. 11. Pending applications, if any, also stand disposed of. (Alok Mahra, J.) Vacation Judge 20.01.2026 Mamta 2026:UHC:595