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2026 DAILYLAW 2957 (UTT)

ASHOK SINGH AND ORS v. STATE OF UTTARAKHAND

WPCRL/148/2026 · 2026-01-19

Alok Mahra

body2026

Judgment text

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2026:UHC:582 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.148 of 2026 Hon’ble Alok Mahra, J. Mr. Abhishek Verma, Advocate for the petitioners. Mr. B.N. Maulekhi, Deputy Advocate General for the State of Uttarakhand. Ms. Aishwarya Thapliyal, Advocate for respondent nos.3 to 7. 2. By means of this writ petition, petitioners have sought quashing of F.I.R. No.0387 of 2024, under Sections 115(2), 190, 191(2), 191(3), 351(2), 352 of B.N.S., 2023, registered at Police Station Kunda, District Udham Singh Nagar. 3. A compounding application, jointly signed by counsel for respondent nos.3 to 7 and counsel for the petitioners has been filed duly supported by affidavits of petitioners and respondent nos.3 to 7. 4. Learned counsel for the petitioners submits that parties have entered into settlement, therefore, the matter needs to be compounded. 5. Learned counsel for respondent nos. 3 to 7 submits that dispute has now been amicably settled between the parties, therefore, her clients want to close the matter to ensure that peace is restored. 6. Today, petitioners and respondent nos.3 to 7 appeared before this Court, who are duly identified by their counsels. 7. Both the parties also made a 2026:UHC:582 statement that, in view of the settlement, they want to close the matter. 8. Having regard to the nature of offence and also considering the broad guidelines issued by Hon’ble Apex Court in the case of Gian Singh Vs State of Punjab reported in (2012) 10 SCC 303 and Narinder Singh & others Vs State of Punjab & another reported in (2014) 6 SCC 466, request of the petitioners deserves to be acceded to. 9. Since the parties have entered into a compromise, therefore, possibility of the trial resulting into conviction of the accused is remote and bleak and, that being so, continuation of criminal proceedings would visit the accused with great oppression, prejudice and injustice. Rather, it would tantamount to abuse of process of law. 10. In view of above discussion, the writ petition is allowed. F.I.R. No.0387 of 2024, under Sections 115(2), 190, 191(2), 191(3), 351(2), 352 of B.N.S., 2023, registered at Police Station Kunda, District Udham Singh Nagar, is hereby quashed along with all the proceedings emanating therefrom. 11. Compounding application (I.A. No.1 of 2026) is, accordingly, disposed of. Urgency application (I.A. No.3 of 2026) also stands disposed of. (Alok Mahra, J.) Vacation Judge 19.01.2026 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20dddb73933 98f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB987446351E 4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.01.19 14:21:53 +05'30'