Deepak Singh Rajwar v. State of Uttarakhand

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

WPCRL/1327/2026

Deepak Singh Rajwar --Petitioner Versus State Of Uttarakhand --Respondent

Hon'ble Alok Mahra, J.

Mr. Pankaj Singh Chauhan and Mr. Subhash Joshi, Advocates for petitioner.

Mr. Akshay Latwal, A.G.A. and Mr. Manoj Bhatt, Brief Holder for the State of Uttarakhand.

Mr. Deepak Joshi, Advocate for respondent no.3.

¶2By means of this writ petition, petitioner has sought quashing of F.I.R./Case Crime No.141 of 2026, under Sections 115(2), 117(3), 351(3) & 352 of B.N.S., 2023, registered at Police Station Haldwani, District Nainital.

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

¶7It is reported that petitioner is in jail. Petitioner has executed an authority letter in favour of his younger brother, authorizing him to file this writ petition, which has been duly verified by Jailor, Sub-Jail, Haldwani. Today, younger brother of the petitioner and respondent no.3 are present before the Court, 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.141 of 2026, under Sections 115(2), 117(3), 351(3) & 352 of B.N.S., 2023, registered at Police Station Haldwani, District Nainital, is hereby quashed along with all proceedings emanating therefrom, subject to the condition that the petitioner shall deposit a cost of ₹25,000/- with the Advocates Welfare Fund maintained by the High Court Bar Association within a period of one week from today. Since both the parties have entered into compromise, therefore, petitioner is acquitted of the charge of offence punishable under the aforesaid Sections. He shall be released forthwith without executing personal bond and without furnishing any surety.

¶12Compounding application is, accordingly, disposed of.

(Alok Mahra, J.)

14.07.2026 Arpan

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

2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20dddb7393398 f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB987446351E4 DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.07.14 16:20:01 +05'30'