Bunti Alias Hussain Waris 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/1441/2026

Bunti Alias Hussain Waris And Ors ……..Petitioner Versus State Of Uttarakhand ……Respondent Hon'ble Alok Mahra, J.

Mr. Amit Kapri, learned counsel for the petitioners.

¶2Mr. Pradeep Lohani, learned A.G.A. along with Mr. Nikhil Bisht, learned Brief Holder for the State.

¶3Mr. Chandramauli Shah, learned counsel for respondent no.3.

¶4By means of the present criminal writ petition filed under Article 226 of Constitution of India, petitioners seek issuance of a writ, order or direction in the nature of certiorari for quashing Case Crime/F.I.R. No. 0026 of 2026 dated

21.01.2026, registered under Sections 115(2), 191(2), 351(2), 351(3), 352 of the B.N.S. at Police Station Haldwani, District Nainital along with consequential therefrom.

¶5Learned counsel for the petitioners would submit that the petitioners are innocent falsely been implicated in the present case; that, the impugned F.I.R. has been lodged by respondent no. 3 alleging that the petitioners, along with certain other

persons, unlawfully entered the shop, abused him in filthy language, assaulted him, dragged him outside the shop, and continued to beat him with kicks and fists. It is further alleged that the petitioners threatened to kill the complainant and also extended threats to kill his brother and the complainant somehow managed to escape and save his life.

¶6Learned counsel for the petitioners would further submit petitioners and the complainant are residents of the same village/locality and the incident in question occurred on account of a sudden quarrel without any premeditation. It is submitted that no specific role has been attributed to the petitioners in the impugned F.I.R.; rather, they have been implicated by way of vague and omnibus allegations. It is further submitted impugned F.I.R. has been lodged only as a counterblast to F.I.R. registered against the complainant side.

¶7He would further submit that that during the pendency of the present writ petition, the parties have amicably settled their disputes differences and have entered into a compromise of their own free will, with a view to maintaining peace and cordial relations in the village. It is, therefore, contended that in view of the amicable settlement arrived at between parties, no useful purpose would be served by permitting criminal proceedings to continue, particularly when the complainant and the injured persons are no longer interested in

pursuing the prosecution. Accordingly, it is prayed that the impugned F.I.R. consequential therefrom be quashed in exercise of extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.

¶8It is further submitted that a Compounding Application, being I.A. No.1 of 2026, duly supported by separate affidavits sworn by petitioners as well as respondents, has been filed before this Court. In the said application, parties categorically stated that they have entered into compromise voluntarily, of their own free will and without any coercion, pressure, inducement or undue influence and have prayed that the impugned F.I.R. and all consequential proceedings be quashed in the interest of justice.

¶9Learned State Counsel would oppose prayer for quashing. However, he does not dispute the filing of the compounding application before this Court.

¶10Learned counsel appearing for respondents would fairly submit that the dispute between the parties has been amicably settled respondents have no objection if the impugned F.I.R. and all consequential therefrom are quashed in view of the compromise arrived at between the parties.

¶11Petitioner nos. 1 and 2 are present in person, whereas petitioner Nos. 3 to appeared through Video Conferencing. Respondent No. 3 is also

present in person. All the parties have been duly identified by their respective learned counsel. Upon interaction with the Court, respondent no. 3 (the injured/complainant) stated that the incident had occurred on account of a sudden altercation and that the parties now amicably resolved their dispute. He further stated that he harbours no grievance against the petitioners and has no objection if the impugned F.I.R. and all consequential therefrom are quashed.

¶12Heard learned counsel for the parties perused material available on record.

¶13The Hon'ble Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303; Narinder Singh v. State of Punjab, (2014) 6 SCC 466; and State of Madhya Pradesh v. Laxmi Narayan,

(2019) 5 SCC 688, has held that the High Court may, in exercise of its extraordinary jurisdiction, quash criminal proceedings involving offences having overwhelmingly civil, commercial or personal flavour where the parties have genuinely settled their disputes, provided that such offences are not heinous or of such nature as to have a serious impact on society or public interest.

¶14In the present case, the allegations emanate from a personal dispute arising out of a sudden altercation. The injured as well as the informant have appeared before this Court and have categorically stated that they have voluntarily settled their disputes with

the petitioners and do not intend to pursue the criminal proceedings. This Court is satisfied that the compromise is genuine, voluntary and free from any coercion or undue influence. Having regard to the nature of the dispute, the settlement arrived at between parties and the law laid down by the Hon'ble Supreme Court, this Court is of considered opinion possibility of conviction is remote and continuation of criminal proceedings would amount to an abuse of the process of law and would not serve the ends of justice.

¶15Accordingly, Compounding Application (I.A. No.1 of 2026) is allowed. Consequently, Case Crime/F.I.R. No. 0026 of 2026 registered at Police Station Haldwani, District Nainital is hereby quashed qua the present petitioners.

¶16The criminal writ petition is, accordingly, allowed.

¶17Pending applications, if any, shall stand disposed of accordingly.

(Alok Mahra, J.)

27.07.2026 Mamta

MA MTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=6a812005bebfcf46f2 44f3e584af1449e430ef900bfti 9a6d67ebbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d 9cabfd54852c9e68911ca8b66 dd26690a191648ab5d8dd004 efti, cn=MAMTA RANI Date: 2026.07.28 11:22:50 +05'30'