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2026 DAILYLAW 8262 (UTT)

MOHAMMAD ALI v. STATE OF UTTARAKHAND

WPCRL/1348/2026 · 2026-07-15

Alok Mahra

body2026

Judgment text

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SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS UKHC010123122026 WPCRL/1348/2026 Mohammad Ali --Petitioner Versus State Of Uttarakhand --Respondent Hon’ble Alok Mahra, J. Mr. Mohit Durgapal and Mr. Ajay Joshi, Advocates for the petitioner. 2. Mr. Manoj Bhatt, Brief Holder for the State. 3. Mr. Ketan Joshi, Advocate for respondent no. 3. 4. By means of this writ petition, petitioner has sought quashing of F.I.R./Case Crime No. 0032 of 2026, under Sections 126(2), 351(3), 352, 74, 78 of BNS, registered at Police Station Chorgaliya, District Nainital. 5. Now, a compounding application, jointly signed by learned counsel for private respondent and learned counsel for the petitioner, has been filed duly supported by affidavits of the parties. 6. Petitioner is in jail. Compounding Application has been filed by father of the petitioner. Authorization letter has also been filed. 7. Learned counsel for the petitioner submits that the parties have now entered into a settlement, therefore, the matter needs to be compounded. 8. 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. 9. Today, father of the petitioner and the complainant (respondent no.3) are present before this Court, who are duly identified by their counsels. 10. Both the parties also made a statement that, in view of the settlement, they want to close the matter. 11. 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. 12. 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. 13. In view of above discussion, the writ petition is allowed. Consequently, F.I.R./Case Crime No. 0032 of 2026, under Sections 126(2), 351(3), 352, 74, 78 of BNS, registered at Police Station Chorgaliya, District Nainital, is hereby quashed along with all the proceedings emanating therefrom. 14. Compounding application is, accordingly, disposed of. (Alok Mahra J.) 15.07.2026 Ujjwal