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2026 DAILYLAW 7072 (UTT)

AMIT YADAV v. STATE OF UTTARAKHAND

WPCRL/1093/2026 · 2026-06-16

Alok Mahra

body2026

Judgment text

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2026:UHC:4888 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.1093 of 2026 Hon’ble Alok Mahra, J. Mr. Aditya Singh, learned counsel for the petitioner. 2. Mr. V.S. Pal, learned A.G.A. along with Mr. Manoj Bhatt and Mr. Nikhil Bisht, learned Brief Holders for the State. 3. Mr. Sagar Kothari, learned counsel for respondent no.3. 4. By means of the present criminal writ petition under Article 226 of the Constitution of India, the petitioners seek issuance of a writ, order or direction in the nature of certiorari for quashing the impugned First Information Report being F.I.R. No. 0249 of 2025 dated 28.10.2025, registered under Sections 324(4), 329(3), 351(3) & 352 of the B.N.S. at Police Station Seheshpur, District Dehradun. A further prayer has been made for issuance of a writ, order or direction commanding respondent nos. 1 and 2 not to take any coercive action against the petitioner pursuant to the aforesaid F.I.R. 5. Learned counsel for the petitioner would submit that the impugned First Information Report has been lodged by respondent no.3 alleging, inter alia, that the complainant had entered into a contract with the present petitioner as 2026:UHC:4888 the petitioner have not followed any of the conditions of the contract, the contract was cancelled and due to cancellation of the contract the petitioner threatening the complainant and the complainant continuously receiving threats of murder and seizure of land. 6. Learned counsel for the petitioner would further submit that during the pendency of the present proceedings, the parties have amicably resolved their disputes. In this regard, a compounding application being I.A. No. 1 of 2026, supported by affidavits sworn by the petitioner as well as respondent no.3, has been filed on record, wherein it has been categorically stated that the dispute has been settled amicably and that the parties do not wish to pursue the matter any further. 7. Learned counsel appearing for respondent no.3 does not dispute the aforesaid submissions advanced on behalf of the petitioner and admits the factum of settlement between the parties. 8. The petitioner as well as respondent no.3 are present before this Court through Video Conferencing and have been duly identified by their respective learned counsel. Upon interaction with the Court, respondent no.3 has stated that the dispute between the parties has been amicably settled and that he has no objection if 2026:UHC:4888 the impugned F.I.R. and all consequential proceedings arising therefrom are quashed. 9. Having heard learned counsel for the parties, perused the record and considered the Compounding Application (I.A. No. 1 of 2026) supported by the affidavits of the petitioner and respondent no.3, this Court finds the parties have voluntarily and amicably resolved all their inter se disputes. Respondent no.3, who is present before the Court through Video Conferencing and has been duly identified by his learned counsel, has categorically stated that she has entered into the compromise of his own free will, without any pressure, coercion or undue influence, and does not wish to pursue the criminal proceedings any further. 10. The Hon'ble Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, Narinder Singh v. State of Punjab, (2014) 6 SCC 466 and State of Madhya Pradesh v. Laxmi Narayan, (2019) 5 SCC 688, has held that in exercise of its extraordinary jurisdiction under Article 226 of the Constitution of India and inherent powers to secure the ends of justice, the High Court may quash criminal proceedings arising out of private and personal disputes where the parties have amicably settled their differences and the possibility of conviction is remote, provided that the 2026:UHC:4888 offences do not involve heinous crimes or offences having serious impact on society at large. 11. Considering the nature of allegations contained in the impugned F.I.R., the settlement arrived at between the parties, the statement made by respondent no.3 before this Court, and the law laid down by the Hon'ble Supreme Court in the aforesaid judgments, this Court is of the opinion that continuance of the criminal proceedings would serve no useful purpose and would amount to an abuse of the process of law. The compromise appears to be genuine, voluntary and arrived at without any coercion. 12. Accordingly, the Compounding Application (I.A. No. 1 of 2026) is allowed. Consequently, First Information Report being F.I.R. No. 0249 of 2025 dated 28.10.2025 registered at Police Station Seheshpur, District Dehradun along with all consequential proceedings arising therefrom, is hereby quashed. 13. The criminal writ petition is, accordingly, allowed. 14. Pending applications, if any, shall stand disposed of. (Alok Mahra, J.) 16.06.2026 Mamta MAM TA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f2 44f3e584af1449e430ef900bf0 9a6d67ebbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d9 cabfd54852c9e68911ca8b66d d26690a191648ab5d8dd004ef 0, cn=MAMTA RANI Date: 2026.06.17 16:16:33 +05'30'