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2026 DAILYLAW 1636 (UTT)

ASHRAF ALI AND ORS v. STATE OF UTTARAKHAND

WPCRL/284/2026 · 2026-02-11

Rakesh Thapliyal

Public Interest Litigationbody2026

Judgment text

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 WPCRL No. 284 of 2026 Hon'ble Rakesh Thapliyal, J. 1. Mr. Rahul Adhikari, learned counsel for the petitioners. 2. Ms. Sweta Budola Dobhal, learned Brief Holder for the State. 3. Mr. Sushil Kumar, learned counsel for the complainant. 4. The instant criminal writ petition has been preferred under Article 226 of the Constitution of India for quashing of FIR dated 12.12.2025, bearing FIR No. 429 of 2025 registered at P.S. Bazpur District Udham Singh Nagar wherein the petitioners have been implicated for the offences punishable under Sections 115(2), 351(2) and 85 of BNS 2023. 5. The instant writ petition is supported with the compounding application with the affidavit of the petitioners and the complainant as well as the victim. 6. Brief facts, of the case, are that respondent no. 4 married with petitioner no. 2 Risalat Ali on 24.03.2019 and from this marriage two female child were born but due to some differences in between petitioner no. 2 and respondent no. 4, an FIR has been lodged by the brother of respondent no. 4 implicating all these petitioners. 7. Now in the compounding application it is contended that the parties have settled their dispute and now respondent no. 4 and petitioner no. 2 are living together happily with their two minor daughters and their relations are very cordial. 8. All the petitioners joined the proceeding through V.C. and all of them identified by their counsel. The complainant/respondent no. 3 and respondent no. 4 are also present in Court along with child and they have been identified by their counsel. 9. It is contended by the learned counsel for the parties that since now both the parties have settled their dispute and petitioner no. 2 and respondent no. 4 are living happily together with their minor daughters and their relations are very cordial , therefore, the FIR in question be quashed. 10. Ms. Sweta Badola Dobhal, learned Brief Holder submits that all the offences are compoundable except offence punishable under Section 85 of BNS 2023 but since dispute is nothing but matrimonial one which now the parties have already settled, therefore, there is no useful purpose to go with the further investigation pursuant to the impugned FIR. 11. After hearing the arguments of the learned counsel for the parties and taking into consideration that the parties have settled their dispute and respondent no. 4 and petitioner no. 2 are living together happily with their two minor daughters and their relations are very cordial, this Court is of the view that there is no useful purpose to go with the further investigation pursuant to the impugned FIR. 12. Accordingly, compounding application as well as instant writ petition are allowed. The impugned FIR dated 12.12.2025 is hereby quashed. (Rakesh Thapliyal, J.) 11.02.2026 Parul