Extracted from the PDF above. The PDF is authoritative.
2026:UHC:1553 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS
WPCRL No. 862 of 2026 Hon’ble Rakesh Thapliyal, J.
1. Mr. T.P.S. Takuli, learned counsel for the petitioners. 2. Mrs. Meenakshi Sharma, learned A.G.A. for the State. 3. Ms. Meenakshi Bhakuni, learned counsel for the complainant. 4. The instant writ petition has been moved by the petitioners Satya Prakash and Nand Kishor praying for quashing of first information report dated 22.03.2026, bearing FIR No. 0141 of 2026, P.S. Sitarganj District Udham Singh Nagar wherein they have been implicated for the offence punishable under Section 106(1) read with section 281 of Bharatiya Nyaya Sanhita, 2023. 5. The complainant, who is respondent no. 3 herein is present in Court. Respondent no. 4 is the wife of the complainant and respondent no.5 is the wife of the deceased. 6. The petition has been filed along with the compounding application with the affidavit of the petitioners and the respondent no. 3 to 5 wherein it is contended that they have settled their disputes and as a matter of fact it was an accidental death and therefore the FIR be quashed. The mother and wife of the deceased are present in Court and submit that they do not want to pursue with the impugned FIR since actually the death is due to accident and furthermore they have settled their dispute with the petitioners. The petitioners and the respondent no.3/complainant are present in Court and identified by their respective counsels. 7. On the other side, Mrs. Meenakshi Sharma, the learned A.G.A. submits that
2026:UHC:1553 though the investigation is still going on and prima facie from the FIR it reveals that it is an accidental death but at this juncture no opinion can be given since the investigation is under process. However, she submits that since now the respondent/complainant as well as the victims, who are the mother and the wife of the deceased are not intending to pursue with the impugned FIR, therefore, the initiation of the investigation will be a futile exercise. The learned AGA also submits that if the matter is compounded she has no objection. 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; Narinder Singh & Others Vs State of Punjab & another reported in (2014) 6SCC 466 and State of Madhya Pradesh Vs. Laxmi Narayan reported in (2019) 5 SCC 688, request of the petitioner 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. Ends of justice would be met only if criminal proceedings are put to an end, because this would allow the parties to translate their decision to live in peace in the reality. The only consideration for the compromise reached between the parties seems to be their desire to bury the hatchet for all times to come. Resolution of a dispute by way of a compromise between two warring groups, therefore, should attract the immediate and prompt attention of a Court which should endevour to give full effect to the same
2026:UHC:1553 unless such compromise is abhorrent to lawful composition of the society or would promote savagery. 10. In such view of the matter, when the parties have settled their disputes and the respondent no.3/victim does not want to pursue the impugned FIR, this Court is of the view that the compounding application as well as writ petition are liable to be allowed. 11. Accordingly, the writ petition as well as the compounding application are allowed and the impugned FIR dated 22.03.2026, bearing FIR No. 0141 of 2026, P.S. Sitarganj District Udham Singh Nagar is hereby quashed. (Rakesh Thapliyal, J.)
14.05.2026 Nahid
2026:UHC:1553