Research › Search › Judgment

High Court of Uttarakhand · body

2026 DAILYLAW 8764 (UTT)

LAKKI SAGAR v. STATE OF UTTARAKHAND

WPCRL/1433/2026 · 2026-07-23

Alok Mahra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

UKHC010129102026 2026:UHC:6272 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL/1433/2026 Lakki Sagar --Petitioner Versus State Of Uttarakhand --Respondent Hon’ble Alok Mahra, J. Mr. Abhishek Singh Rawat, Advocate for the petitioners. Mr. Rakesh Kumar Joshi, A.G.A. and Mr. Manoj Bhatt, Brief Holder for the State of Uttarakhand. Ms. Meenakshi, Advocate for respondent no.3. 2. By means of this writ petition, petitioners have sought quashing of F.I.R./Case Crime No.241 of 2026, under Sections 109, 115(2), 191(1), 191(2), 351(2), 351(3) and 352 of B.N.S., 2023, registered at Police Station Haldwani, District Nainital. 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 father of petitioner no.1, cousin brother of petitioner no.2 and father of respondent no.3. 4. Learned counsel for the petitioners submits that a scuffle took place between the petitioners and respondent no.3, in which both parties sustained simple UKHC010129102026 2026:UHC:6272 injuries. He submits that now 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 amicably settled between the parties, therefore, his client wants to close the matter to ensure that peace is restored. 6. Learned State Counsel opposed the compounding application. 7. It is reported that petitioners are presently lodged in the Juvenile Home at Haldwani. Father of petitioner no.1, mother of petitioner no.2 and father of respondent no.3 are present in Court today, who are duly identified by their respective counsels. 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 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 UKHC010129102026 2026:UHC:6272 end, because this would allow the parties to translate their decision to live in peace 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.241 of 2026, under Sections 109, 115(2), 191(1), 191(2), 351(2), 351(3) and 352 of B.N.S., 2023, registered at Police Station Haldwani, District Nainital, is hereby quashed along with all the proceedings emanating therefrom. Since both the parties have entered into compromise, therefore, petitioners are acquitted of the charge of offence punishable under the aforesaid Sections. They shall be released forthwith without executing personal bond and without furnishing any surety. 12. Compounding application is, accordingly, disposed of. (Alok Mahra, J.) 23.07.2026 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=eabb68a3895e41937c266c23964c0485365445e3a20dddb7393 398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB98744635 1E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.07.23 18:16:47 +05'30'