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2026 DAILYLAW 7273 (UTT)

MOHIT KUMAR v. STATE OF UTTARAKHAND

WPCRL/1143/2026 · 2026-06-18

Alok Mahra

body2026

Judgment text

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UKHC010106942026 2026:UHC:5039 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL/1143/2026 Mohit Kumar …….Petitioner Versus State Of Uttarakhand and Others …….Respondent Hon'ble Alok Mahra, J. Mr. Saurabh Kumar Pandey,, learned counsel for the petitioners. 2. Mr. Prabhat Kandpal, learned A.G.A. for the State. 3. Mr. Pankaj Kumar Sharma, learned counsel for respondent nos.3 & 4. 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. 235 of 2026 dated 10.06.2026, registered under Sections 318(4), 336(4), 338, 340(2) of the B.N.S. at Police Station Raipur, District Dehradun. 5. Learned counsel for the petitioners would submit that an F.I.R. has been lodged by respondent no.3 alleging that respondent nos.3 and 4 had purchased agricultural land from the petitioners through two separate sale deeds. Subsequently, it came to light that the petitioners were recorded as having a lesser rakba in the revenue records and, therefore, had allegedly received excess sale consideration despite possessing a lesser area in the concerned khasra. It is further alleged that the petitioners had executed the sale deeds in favour of the respondents UKHC010106942026 2026:UHC:5039 showing a particular area of land, whereas possession and title were allegedly delivered in respect of a lesser area. 6. Learned counsel for the petitioners would further submit that the petitioners and respondent nos.3 and 4 are known to each other and are parties to a transaction relating to agricultural land; that, at the time of mutation, a lesser area was inadvertently recorded in the revenue records due to an administrative error; that, upon becoming aware of the discrepancy, the petitioners immediately approached the competent revenue authorities and initiated appropriate proceedings for correction of the revenue entries.; that, consequently, the revenue records were duly corrected and the respondents have now obtained and are recorded as owners of the entire area originally agreed upon and conveyed under the sale deeds. 7. Learned counsel for the petitioners 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 petitioners as well as respondent nos.3 & 4, 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. 8. Learned counsel appearing for respondent nos.3 & 4 does not dispute the aforesaid submissions advanced on behalf of the petitioners and admits the factum of UKHC010106942026 2026:UHC:5039 settlement between the parties. 9. The petitioners as well as respondent nos. 3 and 4 are present before this Court and have been duly identified by their respective learned counsel. Upon interaction with the Court, respondent nos. 3 and 4 stated that they have received possession of the entire land in respect of which the sale deed was executed by the petitioners; that the dispute between the parties has been amicably settled; and that they have no objection if the impugned F.I.R. and all consequential proceedings arising therefrom are quashed. 10. 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 petitioners and respondent no.3 & 4, this Court finds the parties have voluntarily and amicably resolved all their inter se disputes. Respondent no.3 & 4, who are present before the Court and have been duly identified by his learned counsel, has categorically stated that they have entered into the compromise of their own free will, without any pressure, coercion or undue influence, and do not wish to pursue the criminal proceedings any further. 11. 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 UKHC010106942026 2026:UHC:5039 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 offences do not involve heinous crimes or offences having serious impact on society at large. 12. 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 & 4 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. 13. Accordingly, the Compounding Application (I.A. No. 1 of 2026) is allowed. Consequently, First Information Report being F.I.R. No. 235 of 2026 dated 10.06.2026, registered at Police Station Raipur, District Dehradun along with all consequential proceedings arising therefrom, is hereby quashed. 14. The criminal writ petition is, accordingly, allowed. 15. Pending applications, if any, shall stand disposed of. (Alok Mahra, J.) 18.06.2026 Mamta MA MTA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f244f3e 584af1449e430ef900bf09a6d67eb bd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d9cabf d54852c9e68911ca8b66dd26690a 191648ab5d8dd004ef0, cn=MAMTA RANI Date: 2026.06.19 11:06:38 +05'30'