Extracted from the PDF above. The PDF is authoritative.
]SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures
COURT’S OR JUDGE’S ORDERS
2026:UHC:288
WPCRL No.1818 of 2025 With (Compounding Appl. No.01 of 2025) Hon’ble Ashish Naithani, J.
Mr. Sanjay Kumar Chandel, learned counsel for the Petitioners.
2. Mr. S.S. Chauhan, learned Deputy Advocate General assisted by Mr. Vikas Uniyal, learned Brief Holder for the State.
3. Mr. Nikhil Kushwaha, learned counsel for Respondent nos.2, 3 & 4.
4. Present writ petition has been filed on behalf of the petitioners, who are currently in jail, under Article 226 of the Constitution of India alongwith compounding application, which is paper no.24 and the same is supported with the affidavits filed on behalf of the petitioners and respondent nos.3 & 4 wherein signatures have been annexed.
5. Petitioner no.4-Naushad, is being represented through his father.
6. Since this Court finds an interaction with the parties necessary the parties are directed to be summoned through V.C.
7. Father of petitioner no.4 as well as respondent nos.3 & 4 are present in the Court. While petitioner nos.1 to 3 have made their appearance through V.C. from Sub Jail Haldwani, District Nainital with the help of Jailor concerned. They are duly identified by their respective counsel.
8. By means of this writ petition, petitioners, who are in jail currently, have sought quashing of the impugned First Information Report No.
278 of 2025 dated 28.10.2025 registered at Police Station I.T.I., District Udham Singh Nagar under Sections 118(2), 126(2), 127(2), 137(2), 3(5), 351(2), 352 of Bhartiya Nyaya Sanhita (BNS) 2023 State vs. Jakir & others alongwith the entire proceedings consequent to/arising out of the impugned FIR.
9.
Learned counsel for the parties have filed their respective affidavits along with the compounding application stating therein that they do not wish to pursue the present criminal case any further and a compromise has been entered between them.
10. Learned State counsel has opposed the compounding application and submits that some of the offences are non compoundable. He submits that there are some cases pending against petitioner no.1-Jakir.
11. Heard learned counsel for the parties and perused the material available on record.
12. In view of the principle of law laid down by Ho’ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303, criminal proceedings can be quashed by this Court, if this Court is satisfied that matter has been settled between the parties amicably and parties are interest to restore peace and harmony between them.
13. Having heard learned counsel for the parties and in view of the above, the compounding application is allowed. The entire proceedings arising out of the impugned First Information Report No.278 of 2025 dated 28.10.2025 registered at Police Station I.T.I., District Udham Singh Nagar under Sections 118(2), 126(2), 127(2), 137(2), 3(5), 351(2), 352 of Bhartiya Nyaya Sanhita (BNS) 2023 are hereby quashed.
14. The Jailor, Sub Jail, Haldwani is directed to release the petitioners-Jakir, Rihan and Arshad @ Bhoori @ Pushpa forthwith without any condition in case he is not wanted in any other case.
15. Accordingly instant writ petition stands
disposed of.
(Ashish Naithani, J.)
07.01.2026 Arti
ARTI SINGH Digitally signed by ARTI SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0 d, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE 2521F982, cn=ARTI SINGH Date: 2026.01.08 13:24:14 +05'30'