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. 1076 of 2026 Sanjay Kumar and Others
..... Petitioners Vs. State of Uttarakhand and Others
.... Respondents
Hon’ble Alok Mahra, J.
Mr. Alok Kumar, learned counsel for the petitioners.
Mr. Jai Prakash, learned Brief Holder for the State of Uttarakhand.
Mr. Manish Lohani, learned counsel for the complainant/respondent no.3.
2. By means of this writ petition, petitioners have sought quashing of F.I.R./Case Crime No. 252 of 2026, under Sections 303(2) and 318(4) of BNS, registered at Police Station Manglour, District Haridwar.
3. In this case, an FIR was lodged against the unknown persons alleging therein that the accused persons fraudulently changed the ATM card of the complainant and withdrew a sum of Rs. 70,000/- from her account.
4. Now, a compounding application, jointly signed by
learned counsel for respondent no.3 and learned counsel for the petitioners have been filed duly supported by affidavits of the parties.
5.
Learned counsel for the petitioners submits that the parties have now entered into a settlement, therefore, the matter needs to be compounded.
6.
Learned counsel for respondent no.3 submits that dispute has now been amicably settled between the parties, therefore, his client wants to close the matter to ensure
that peace is restored.
7. Today, petitioner nos. 2 and 3 and the complainant (respondent no.3) are present before this Court through video conferencing, who are duly identified by their counsels. Petitioner No. 1 is in jail. His father is appearing through video conferencing, who is duly identified by his counsel.
8. Both the parties also made a statement that, in view of the settlement, they want to close the matter.
9. 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 deserve to be acceded to.
10. 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 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. 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 endeavour to give full effect to the same unless such compromise is abhorrent to lawful composition of the society or would promote savagery.
11. In view of above discussion, the writ petition is allowed. F.I.R./Case Crime No. 252 of 2026, under Sections 303(2) and
318(4) of BNS, registered at Police Station Manglour, District Haridwar is hereby quashed along with all the proceedings emanating therefrom.
12. Compounding application is, accordingly, disposed of.
(Alok Mahra, J.)
18.06.2026 Ujjwal