Rashid Hussain and Ors 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/1373/2026 Rashid Hussain And Ors --Petitioners Versus State Of Uttarakhand and Others -Respondents Hon'ble Alok Mahra, J.

Mr. Avidit Noliyal, learned counsel for the petitioners.

Mr. Dinesh Chauhan, learned A.G.A. for the State of Uttarakhand.

Mr. Vishal Vikram Singh, learned counsel for private respondents.

¶2By means of the present writ petition, the petitioners seek quashing of the F.I.R. dated 07.07.2026, being F.I.R. No. 0187 of 2026, registered under Sections 115(2), 351(3), 352 and 74 of the Bharatiya Nyaya Sanhita, 2023, at Police Station ITI, District Udham Singh Nagar, along with all consequential proceedings arising therefrom.

¶3A Compounding Application, jointly signed by learned counsel for the petitioners and learned counsel for the private respondents, duly supported by the affidavits of the petitioners as well as the private respondents, has been filed before this Court.

¶4This Court interacted with the petitioners as well as the injured/private respondents, who submitted that the F.I.R. came to be lodged due to a misunderstanding between the parties and that they have now amicably resolved their disputes.

¶5Today, the petitioners and the private respondents are present before this Court. However, respondent no. 6, namely Nasim Ali, has appeared through video conferencing. All the parties have been

duly identified by their respective learned counsel.

¶6This Court further interacted with the injured, who submitted that certain altercations had taken place between the parties. He further stated that the injuries sustained by him have since healed and that he has no objection if the impugned F.I.R., along with all consequential proceedings arising therefrom, is quashed.

¶7This Court is satisfied that the compromise has been entered into voluntarily, without any coercion or undue influence, and out of the free will of the parties.

¶8Learned State Counsel opposed the Compounding Application on the ground that the offence under Section 74 of the Bharatiya Nyaya Sanhita, 2023 is non-compoundable.

¶9Having 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. The injured, along with the other private respondents, does not wish to pursue the criminal proceedings any further. In view of the settlement arrived at between the parties and considering the peculiar facts and circumstances of the case, 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.

¶10Accordingly, the present Criminal Writ Petition is allowed. The F.I.R. dated

07.07.2026, being F.I.R. No. 0187 of 2026, registered under Sections 115(2), 351(3), 352 and 74 of the Bharatiya Nyaya Sanhita, 2023, at Police Station ITI, District Udham Singh Nagar, along with all consequential proceedings arising therefrom, is hereby quashed.

¶11The Compounding Application stands

disposed of accordingly.

¶12Pending applications, if any, shall also stand disposed of.

(Alok Mahra, J.) 20-07-2026 SB

SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f218 22fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67 B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2026.07.20 18:52:40 +05'30'