Authority: Hon'ble Alok Mahra, J.
Order Date: 18.06.2026
Case Overview
- Petitioners: Naseem and others (petitioners nos.6 and 7, in judicial custody).
- Respondents: State of Uttarakhand and others, including complainant/respondent no.3.
- FIR/Case Crime No.13 of 2026 was registered at Police Station Jhabreda, District Haridwar under Sections 109(1), 190, 191(2), 191(3) and 352 of the BNS, alleging that petitioners attacked the complainant in an agricultural field with a spade and other agricultural equipment, causing injuries.
- A joint compounding application, signed by learned counsel for respondent no.3 and senior counsel for the petitioners, was filed and supported by affidavits.
- Senior counsel for the petitioners (Mr. Arvind Vashistha) argued that the injuries, while dangerous, were not life‑threatening and that the parties have now entered into a settlement, warranting compounding of the matter.
- Both parties, including those in judicial custody, appeared before the Court, identified themselves, and stated that they wish to close the matter in view of the settlement.
- The Court considered the nature of the offence and relied on the broad guidelines issued by the Apex Court in Gian Singh Vs State of Punjab (2012) 10 SCC 303 and Narinder Singh & others Vs State of Punjab (2014) 6 SCC 466, concluding that the petitioners' request deserved acceding.
- The Court observed that continuation of criminal proceedings would cause oppression, prejudice, and injustice to the accused, amounting to abuse of process, and that a compromise between the warring groups should be given immediate effect unless it is abhorrent to societal law or promotes savagery.
Final Outcome
- The writ petition is allowed.
- FIR/Case Crime No.13 of 2026, along with all proceedings emanating therefrom, is quashed.
- The quashing is subject to the petitioners paying Rs.75,000/- into the account of the Uttarakhand High Court Bar Association within 24 hours.
- The compounding application is disposed of.
Topics: Criminal Law, Compounding of Offence