Rahul Rawat And Ors. vs State Of Uttarakhand And Another

Pankaj Purohit, J

Heard learned Counsel for the parties.

By means of the present writ petition, petitioners have put to challenge the First Information Report No.127 of 2024 dated 06.07.2024, under Sections 323 and 506 IPC, registered with Police Station Mukhani, District Nainital, in view of the compromise entered into between the parties.

Along with present criminal writ petition, a joint compounding application (IA/1/2025) is filed and signed duly supported by separate affidavits by petitioners and respondent No.2.

In the compounding application, it has been stated by the parties that the parties have reached to the terms of compromise wherefor a settlement has also reached between them. It is thus, prayed that the present first information report be quashed in terms of the compromise arrived at between the parties.

Petitioners-Rahul Rawat, Shubham Bhandari, Susheel Kanwal and respondent No.2-Mahesh Singh Diniya, are present before this Court, being duly identified by their respective counsel. On interaction, respondent No.2 stated that he and the petitioners are students and they have settled their dispute amicably and as such no dispute is remained between them. He further stated that he doesn’t want to prosecute the above case against the petitioners in view of the amicable settlement arrived between them. He fairly conceded that he has no objection if compounding application is allowed.

Learned State Counsel and learned counsel for the respondent No.2 have no objection, if the compounding application is allowed.

Since the parties have reached to the terms of the compromise, this Court is of the firm opinion that there would remain a remote or bleak possibility of conviction in this case. It can also safely be inferred that it would be unfair or contrary to the interest of justice to permit continuation of the criminal proceedings. Since the answer to the aforesaid points is in affirmative, this Court finds it a fit case to permit the parties to compound the matter.

Accordingly, compounding application (IA/1/ 2025) is hereby allowed. The compromise arrived at between the parties is accepted. The First Information Report No.127 of 2024 dated 06.07.2024, under Sections 323 and 506 IPC, registered with Police Station Mukhani, District Nainital, is hereby quashed. Consequently, all the subsequent proceedings pursuant to the impugned FIR automatically shall come to an end.

Present criminal writ petition stands allowed accordingly.