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Md Jahangir Sk v. State of Uttarakhand

DISPOSED
Court
High Court of Uttarakhand
Decided
16 July 2026
Bench
Alok Mahraauthor
Case no.
WPCRL 662/2026

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Judgment

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGE'S ORDERS

WPCRL/662/2026

Md Jahangir Sk --Petitioner Versus State Of Uttarakhand --Respondent

Hon'ble Alok Mahra, J.

Mr. Mukesh Singh Rawat, Advocate for the petitioner.

Mr. V.S. Pal and Mr. N.S. Kanyal, A.G.A. for the State of Uttarakhand.

Ms. Chitra Joshi, Advocate for respondent no.3.

¶2By means of this writ petition, petitioner has sought quashing of F.I.R./ Case Crime No.59 of 2026, under Sections 318(4) of B.N.S., 2023, registered at Police Station Kichha, District Udham Singh Nagar.

¶3A compounding application, jointly signed by counsel for respondent no.3 and counsel for the petitioner has been filed duly supported by affidavits of petitioner and respondent no.3.

¶4Learned counsel for the petitioner submits that parties have entered into settlement, therefore, the matter needs to be compounded.

¶5Learned 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.

¶6Learned State Counsel opposed the compounding application.

¶7Petitioner and respondent no.3 joined the proceedings through Video Conferencing, who are duly identified by their respective counsels.

¶8Both parties also made a statement that, in view of the settlement, they want to close the matter.

¶9Having 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.

¶10Since 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. The only consideration for the compromise reached between the parties seems to be their desire to burry 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.

¶11In view of above discussion, the writ petition is allowed. F.I.R./Case Crime No.59 of 2026, under Sections 318(4) of B.N.S., 2023, registered at Police Station Kichha, District Udham Singh Nagar, is hereby quashed along with all proceedings emanating therefrom.

¶12Compounding application is, accordingly, disposed of.

(Alok Mahra, J.)

16.07.2026 Arpan

ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20d ddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB98 7446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.07.17 10:47:32 +05'30'

Source: High Court of Uttarakhand, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.