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2026 DAILYLAW 7297 (UTT)

WASEEM AND ORS v. STATE OF UTTARAKHAND

WPCRL/1129/2026 · 2026-06-18

Alok Mahra

body2026

Judgment text

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UKHC010105042026 2026:UHC:5042 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL/1129/2026 Waseem And Ors ……..Petitioner Versus State Of Uttarakhand ……Respondent Hon'ble Alok Mahra, J. Mr. Mohd. Safdar, learned counsel for the petitioners. 2. Mr. Akshay Latwal, learned A.G.A. for the State. 3. Mr. Kamaluddin, learned counsel for respondent nos.3 to 5. 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 Case Crime/F.I.R. No. 184 of 2026 dated 01.05.2026, registered under Sections 115(2), 190, 191(2), 191(3), 351(2) of the B.N.S. at Police Station Bhagwanpur, District Haridwar. 5. Learned counsel for the petitioners would submit that an F.I.R. has been lodged by respondent no.3 alleging that on 29.04.2026, the petitioners attacked the house of respondent no.4. It is further alleged that, during the said incident, respondent no.4 sustained injuries and, while leaving the place of occurrence, the petitioners extended threats of dire consequences. UKHC010105042026 2026:UHC:5042 6. Learned counsel for the petitioners would further submit that the F.I.R. was lodged after a delay of three days; that the petitioners and the respondents are neighbours and there exists a petty neighbourhood dispute between the parties; and that, owing to a heated exchange of words, an altercation took place between them. 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 to 5, 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 settlement between the parties. 9. The petitioners as well as respondent nos. 3 to 5 are present before this Court and have been duly identified by their respective learned counsel. Upon interaction with the Court, respondent nos. 3 to 5 stated that the dispute between the parties has been amicably settled; and that they have no objection if the impugned F.I.R. and all UKHC010105042026 2026:UHC:5042 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 to 5, this Court finds the parties have voluntarily and amicably resolved all their inter se disputes. Respondent no.3 to 5, 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 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 UKHC010105042026 2026:UHC:5042 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 Case Crime/F.I.R. No. 184 of 2026 dated 01.05.2026, registered at Police Station Bhagwanpur, District Haridwar 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 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=6a812005bebfcf46f244f 3e584af1449e430ef900bf09a6d6 7ebbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d9ca bfd54852c9e68911ca8b66dd266 90a191648ab5d8dd004ef0, cn=MAMTA RANI Date: 2026.06.19 11:05:17 +05'30'