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UKHC010140172026
2026:UHC:7081 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPCRL/1578/2026 Shivam Agarwal And Anr --Petitioners Versus State Of Uttarakhand and Others --Respondents Hon'ble Alok Mahra, J.
Ms. Divya Jain, learned counsel for the petitioners.
Ms. Pushpa Bhatt, learned Additional Advocate General for the State of Uttarakhand.
Mr. Pankaj Singh Karki, learned counsel for respondent no. 4.
2. By means of the present Criminal Writ Petition, the petitioners seek quashing of the F.I.R. dated 03.08.2026, registered as F.I.R. No. 0332 of 2026, under Section 30 of the Arms Act, 1959, Section 351(3) of the Bharatiya Nyaya Sanhita, 2023, and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, at Police Station Kotwali Roorkee, District Haridwar, along with all consequential proceedings arising therefrom qua the present petitioners.
3.
Learned counsel for the petitioners submits that even if the allegations made in the FIR are accepted at their face value, no offence under Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is made out, as the alleged incident is stated to have occurred inside a meeting hall and not within public view. It is further submitted that, according to the FIR itself, the incident arose out of an altercation during a meeting of the Nagar
UKHC010140172026
2026:UHC:7081 Nigam concerning developmental issues and differences of opinion between the parties. Learned counsel contends that the complainant was neither intentionally humiliated nor targeted on account of his caste and that no firearm was brandished during the incident. It is further submitted that the parties have amicably resolved their disputes and a Compounding Application, jointly signed by the learned counsel for the petitioners and respondent no. 4 and duly supported by their respective affidavits, has been filed before this Court. 4. Respondent no. 4 has categorically stated before this Court that he has entered into the compromise voluntarily, of his own free will and without any coercion, undue influence or pressure. He further states that he has no objection if the impugned FIR and all consequential proceedings arising therefrom are quashed. 5. Learned State Counsel opposed the Compounding Application on the ground that the offences alleged are non- compoundable. 6. Having heard learned counsel for the parties and upon perusal of the material available on record, this Court finds that the parties have amicably settled their disputes. Respondent no. 4 does not wish to pursue the criminal proceedings any further. This Court further finds that the dispute appears to have arisen out of a sudden altercation during a meeting of the Nagar Nigam. In the peculiar facts and circumstances of the case, and in view of the settlement arrived at between the parties, the possibility of conviction appears to be remote and bleak. Continuation of the criminal proceedings would serve no useful purpose and would amount to an abuse of the process of law. 7. Accordingly, the Criminal Writ
UKHC010140172026
2026:UHC:7081 Petition is allowed.
The FIR dated 03.08.2026, registered as FIR No. 0332 of 2026, under Section 30 of the Arms Act, 1959, Section 351(3) of the Bharatiya Nyaya Sanhita, 2023, and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, at Police Station Kotwali Roorkee, District Haridwar, along with all consequential proceedings arising therefrom, is hereby quashed. 8. Consequently, the Compounding Application stands disposed of. 9. Pending applications, if any, shall also stand disposed of. (Alok Mahra, J.) 11-08-2026 SB
SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c 12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED 00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2026.08.11 18:26:21 +05'30'