Naresh Rastogi 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/1514/2026 Naresh Rastogi And Ors --Petitioner Versus State Of Uttarakhand --Respondent Hon'ble Alok Mahra, J.

Mr. G.D. Joshi and Ms. Sujata Chand, learned counsel for petitioners.

Mr. Prabhat Kandpal, learned A.G.A. assisted by Mr. Nikhil Bisht, learned Brief Holder for the State of Uttarakhand.

Mr. Pawan Kumar, learned counsel for respondent no. 3.

¶2By means of the present Criminal Writ Petition, petitioners seek quashing of the F.I.R. dated 15.05.2026, registered as F.I.R. No. 0145 of 2026, under Sections 115(2), 333, 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023, at Police Station Transit Camp, District Udham Singh Nagar, along with all consequential proceedings arising therefrom.

¶3A Compounding Application, jointly signed by the learned counsel for the petitioners and the learned counsel for respondent no. 3, duly supported by the affidavits of the petitioners 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 petitioners.

¶5Today, petitioners 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 before this Court that compromise has been entered into voluntarily and without any coercion, undue influence or pressure. He further stated that he has no objection if the impugned F.I.R. and all consequential proceedings arising therefrom are quashed.

¶7Learned State Counsel opposed the Compounding Application on the ground that offence punishable under Section 333 of the Bharatiya Nyaya Sanhita, 2023 is non-compoundable.

¶8Having heard learned counsel for the parties and upon perusal of the material available on record, this Court finds that the parties have amicably settled all 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.

¶9Having regard to the principles laid down by the Hon'ble Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, as well as in Narinder Singh v. State of Punjab, (2014) 6 SCC 466, and considering 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 in exercise of its extraordinary jurisdiction under Article 226 of the Constitution of India.

¶10Accordingly, Criminal Writ Petition is allowed. The F.I.R. dated

15.05.2026, registered as F.I.R. No. 0145 of 2026, under Sections 115(2), 333, 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023, at Police Station Transit Camp, District Udham Singh Nagar, along with all consequential proceedings arising therefrom, is hereby quashed.

¶11Consequently, the Compounding Application stands disposed of.

¶12Pending applications, if any, shall also stand disposed of.

(Alok Mahra, J.) 31-07-2026 SB

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

2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf63 9b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F 18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2026.07.31 17:42:06 +05'30'