Research › Search › Judgment

High Court of Uttarakhand · body

2026 DAILYLAW 4453 (UTT)

JASIF v. STATE OF UTTARAKHAND

WPCRL/763/2026 · 2026-04-29

Rakesh Thapliyal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:3270 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL/763/2026 With IA No. 1 of 2026 Hon'ble Rakesh Thapliyal, J. 1. Mr. Saurabh Kumar Pandey, learned counsel holding the brief of Mr. Ravi Kumar Sagar, learned counsel forhte petitioner. 2. Ms. Meenakshi Sharma, learned A.G.A. for the State. 3. Mr. Mani Kumar, learned counsel for the complainant. 4. The instant petition has been moved by the petitioner, namely, Jasif , S/o Akash Arya praying for quashing of FIR dated 09.04.2026, bearing FIR No. 172 of 2026 registered at P.S. Sitarganj District U.S. Nagar wherein the petitioner has been implicated for the offences punishable under Sections 74 and 115(2) of BNS 2023. 5. The petition has been filed along with compounding application IA No. 1 of 2026 with the affidavit of the petitioner and respondent no. 3 and 4. The petitioner and respondent no. 3 and 4 are present in Court and are identified by their counsel. Respondent no. 3 is complainant and respondent no. 4 is the brother of the complainant. 6. It is contended in the compounding application that in fact the brother of the complainant is friend of the petitioner but for some issues there was dispute in between them and on the date of the alleged incident some hot talks took place between them and then respondent no. 3 intervened and now they have settled their dispute and their relations are very cordial. 7. Respondent no. 3 who is present in Court herself submits that she does not want to pursue with the impugned FIR, since, they have settled the dispute with the petitioner and the relations of the petitioner with her brother are very 2026:UHC:3270 cordial. 8. Ms. Meenkashi Sharma, learned A.G.A. for the State submits that the offence punishable under Section 115(2) of BNS 2023 is compoundable but Section 74 of BNS 2023 is non compoundable however with the leave of the Court the offence can also be compounded. Apart from this she submits since the complainant herself does not want to pursue with the FIR, therefore, there is no useful purpose to go with the investigation. 9. After hearing the arguments of the learned counsel for the parties and taking into consideration the averments as made in the compounding application that the parties have settled their dispute and complainant who is present in Court herself submits that she does not want to pursue with the impugned FIR, this Court is of the view that the compounding application deserves to be allowed. 10. Accordingly, compounding application as well as the writ petition are allowed. The impugned FIR dated 09.04.2026 bearing FIR No. 172 of 2026 is also hereby quashed. 11. No order as to costs. (Rakesh Thapliyal, J.) 29.04.2026 Parul 2026:UHC:3270