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2026 DAILYLAW 7512 (UTT)

YOGESH PANWAR v. STATE OF UTTARAKHAND

WPCRL/1219/2026 · 2026-07-03

Alok Mahra

body2026

Judgment text

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UKHC010112592026 2026:UHC:5315 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL/1219/2026 Yogesh Panwar --Petitioner Versus State Of Uttarakhand --Respondent Hon’ble Alok Mahra, J. Mr. Nivesh Bahuguna, Advocate for the petitioners. Mr. Pankaj Joshi and Mr. Prabhat Kandpal, A.G.A. for the State of Uttarakhand. Mr. Ish Mohan Bhatt, Advocate for respondent no.3. 2. By means of this writ petition, petitioners have sought quashing of F.I.R./Case Crime No.25 of 2026, under Sections 115(2), 126, 191(2), 3(5), 351(3) and 352 of B.N.S., registered at Police Station Kempty, District Tehri Garhwal. 3. A compounding application, jointly signed by counsel for respondent no. 3 and counsel for the petitioners has been filed duly supported by affidavits of the petitioners and respondent no.3 (complainant). 4. Learned counsel for the petitioners submits that parties have entered into settlement, therefore, the matter needs to be compounded. 5. Learned counsel for respondent no.3 submits that dispute has now been UKHC010112592026 2026:UHC:5315 amicably settled between the parties, therefore, his client wants to close the matter to ensure that peace is restored. 6. Today, petitioners and respondent no.3 joined the proceedings through Video Conferencing, who are duly identified by their respective counsels. They submit that they all are students and due to some misunderstanding, the impugned F.I.R. has been filed. 7. Both the parties also made a statement that, in view of the settlement, they want to close the matter. 8. Learned State Counsel submits that the investigation is still in progress and that the name of one Rishab Tyagi has also surfaced during the course of investigation, who is not a petitioner before this Court. 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 petitioner deserves 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 UKHC010112592026 2026:UHC:5315 in the reality. The only consideration for the compromise reached between the parties seems to be their desire to burry 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 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.25 of 2026, under Sections 115(2), 126, 191(2), 3(5), 351(3) and 352 of B.N.S., registered at Police Station Kempty, District Tehri Garhwal, is hereby quashed along with all the proceedings emanating therefrom, qua the petitioners. 12. Compounding application is, accordingly, disposed of. (Alok Mahra, J.) 03.07.2026 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20ddd b7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB9874 46351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.07.03 16:15:50 +05'30'