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Neeraj Kumar vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 5 March 2025 · Citation: (2025) 03 UK CK 0804

HON’BLE JUDGES
Pankaj Purohit, J
ACTS & SECTIONS REFERRED
Bharatiya Nyaya Sanhita, 2023 — Section 318(4), 351(2) · Constitution Of India, 1950 — Article 226
RESULT
Disposed Of
CASE NUMBER
Writ Petition Criminal No. 163 Of 2025
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Judgment

10 paragraphs · 326 words

Pankaj Purohit, J

1.

The present writ petition has been filed under Article 226 of the Constitution of India, whereby the petitioner has put to challenge FIR No.109 of 2025 dated 25.02.2025, under Sections 318(4) and 351 (2) of B.N.S. 2023, registered with Police Station Bahadrabad, District Haridwar, on the ground that parties have entered into an amicable settlement and they want to put this matter to rest.

2.

For the said purpose, a joint compounding application has also been moved by the parties supported by their respective affidavits.

3.

In the compounding application, it has been narrated by the parties that they have settled their disputes, after intervention of respectable persons of the society and both the parties do not want to proceed with the instant criminal proceedings.

4.

It is further submitted by learned counsel for the petitioners that the petitioner and respondent nos.3 are residents of nearby village/town and belong to same faith and religion.

5.

Parties are present before this Court, duly identified by their respective Advocates. On interaction with both the parties, they stated that they have settled all their disputes amicably and they do not want to proceed with the aforesaid investigation pursuant to the impugned FIR.

6.

This Court has interacted with the informant and the victim (Neeraj Kumar and Vimlesh @ Bimlesh), respectively, and respondent no. 3 has stated that she does not want to proceed with case against the petitioner anymore.

7.

This Court is convinced that once the parties have decided to settle their dispute amicably, it would not be appropriate to direct them to join the investigation, which would ultimately result into nothing but acquittal and would amount to be a futile exercise.

8.

Compounding Application (IA No.1 of 2025) is allowed.

9.

Accordingly, writ petition stands disposed-off. The impugned FIR No.109 of 2025 dated 25.02.2025, under Sections 318(4) and 351 (2) of B.N.S. 2023, registered with Police Station Bahadrabad, District Haridwar is hereby quashed.