Uttarakhand High Court
6 May vs State Of Uttarakhand & Others on 6 May, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
2025:UHC:3497
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition Criminal No. 427 of 2025
06 May, 2025
Ankit Kumar and others
--Petitioners
Versus
State Of Uttarakhand & others
--Respondents
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Presence:-
Mr. Bilal Ahmed, learned counsel for the petitioners.
Mr. B.C. Joshi, learned AGA for the State.
Mr. A.K. Beniwal, learned counsel for respondent no.3.
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Hon'ble Pankaj Purohit, J.
Heard learned Counsel for the parties.
2. By means of the present writ petition,
petitioners have put to challenge the First Information
Report No.265 of 2025 dated 15.03.2025, under Sections
115(2), 190, 191(2), 333, 351(2) & 352 of Bhartiya Nyay
Sanhita, 2023, registered with Police Station Manglour,
District Haridwar on the ground of settlement and
compromise entered into between the parties.
3. Along with present criminal writ petition, a
joint compounding application has also been filed by the
parties, which is duly supported by separate affidavits of
the parties.
4. In the compounding application, it has been
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stated that petitioners and respondent no.3 are
neighbours and due to some misunderstanding present
FIR has been lodged. It has further been stated that
parties have settled their dispute amicably with the
intervention of respectable members of both the families
and want to live happily and secured life.
5. All the Petitioners and respondent no.3 are
present in the Court through V.C., duly identified by
their respective counsel.
6. This Court interacted with the parties
specifically respondent no.3-Sandeep. Respondent no.3-
Sandeep stated before the Court that he has no grievance
against the petitioners and he does not want to pursue
the aforesaid criminal case.
7. Per contra, Learned State Counsel raised a
preliminary objection to the effect that one of the
offences sought to be compounded is non-
compoundable.
8. Since the parties have entered into
compromise and are living peacefully, this Court is of the
opinion that it will be a futile exercise to ask the
petitioners to face the criminal prosecution which would
ultimately result into the acquittal.
9. So far as compounding of non-compoundable
offence is concerned, the Apex Court has dealt with the
consequence of a compromise in this regard in the case
of B.S. Joshi and others vs. State of Haryana and another,
reported in (2003)4 SCC 675 and has held as below: –
“If for the purpose of securing the ends of justice, quashing of FIR
becomes necessary, Section 320 Cr.P.C. would not be a bar to the
exercise of power of quashing. It is, however, a different matter
depending upon the facts and circumstances of each case whether to
exercise or not such a power.”
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10. Thus, the High Court, in exercise of its
inherent power can quash criminal proceedings or FIR or
complaint, and Section 320 of Cr.P.C. does not limit or
affect the powers of the Court. But here the Court is
invoking its extraordinary jurisdiction under Article 226
of the Constitution of India which is far wider than 528
BNSS, 2023.
11. In this view of the matter, compounding
application (IA/1/2025) is hereby allowed. The
compromise arrived at between the parties is accepted.
The First Information Report No.265 of 2025 dated
15.03.2025, under Sections 115(2), 190, 191(2), 333,
351(2) & 352 of Bhartiya Nyay Sanhita, 2023, registered
with Police Station Manglour, District Haridwar is
hereby quashed, subject to the condition that each
petitioner shall deposit Rs.5,000/- before the
Uttarakhand High Court Bar Association Advocates’
Welfare Fund within fifteen days from today.
Consequently, all the subsequent proceedings pursuant
to the impugned FIR automatically shall come to an end.
12. Present criminal writ petition stands allowed
accordingly.
13. Pending application, if any, stands disposed off
accordingly.
(Pankaj Purohit, J.)
06.05.2025
AK
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