Ujjwal Sharma 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/1414/2026 Ujjwal Sharma --Petitioner Versus State Of Uttarakhand --Respondent Hon'ble Alok Mahra, J.

Ms. Divya Jain, learned counsel for the petitioner.

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

Mr. Pankaj Singh Karki, learned counsel for respondent no. 3.

¶2By means of the present Criminal Writ Petition, petitioner seeks quashing of the F.I.R. dated 19.07.2026, registered as F.I.R. No. 0162 of 2026, under Section 109 of the Bharatiya Nyaya Sanhita, 2023, at Police Station Kaliyar Sharif, District Haridwar, along with all consequential proceedings arising therefrom.

¶3A Compounding Application, jointly signed by the learned counsel for the petitioner and the learned counsel for respondent no. 3, duly supported by the affidavits of the petitioner as well as respondent no. 3, has been filed before this Court.

¶4Learned counsel for the parties submitted that all disputes between the parties have been amicably resolved and that respondent no. 3 has no grievance whatsoever against the petitioner.

¶5Today, petitioner and respondent no. 3 are present before this Court and have been duly identified by their respective learned counsel.

¶6Respondent no. 3 has categorically stated that he has no objection if the

impugned F.I.R. and all consequential proceedings arising therefrom are quashed.

¶7This Court has interacted with respondent no. 3 and is satisfied that the compromise has been entered into voluntarily, without any coercion, undue influence or pressure, and out of his own free will.

¶8Learned State Counsel opposed the Compounding Application on the ground that the offence under Section 109 of the Bharatiya Nyaya Sanhita, 2023 is non-compoundable. In response, learned counsel for the petitioner submitted that the F.I.R. has been registered under a misconception, as injury was sustained by respondent no. 3 and, therefore, the ingredients of the offence under Section 109 of the Bharatiya Nyaya Sanhita, 2023 are not made out.

¶9Having heard the 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. 3 does not wish to pursue the criminal proceedings any further. In view of the settlement arrived at between the parties and peculiar facts and circumstances of the case, the possibility of conviction appears to be remote and bleak. Continuation of the criminal proceedings would serve useful purpose and would amount to an abuse of the process of the Court.

¶10Having regard to the principles laid down by the Hon'ble Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, and considering the peculiar facts and circumstances of the present case, this Court is of the considered opinion that the ends of justice would be served by quashing the impugned F.I.R. and all consequential proceedings

arising therefrom.

¶11Accordingly, Criminal Writ Petition is allowed. The F.I.R. dated

19.07.2026, registered as F.I.R. No. 0162 of 2026, under Section 109 of the Bharatiya Nyaya Sanhita, 2023, at Police Station Kaliyar Sharif, District Haridwar, along with all consequential proceedings arising therefrom, is hereby quashed.

¶12Consequently, the Compounding Application also stands disposed of.

¶13Pending applications, if any, shall also stand disposed of.

(Alok Mahra, J.) 23-07-2026

SB

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

2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd 40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283 D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2026.07.23 16:44:39 +05'30'