Yogesh Panwar 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

C528/1798/2026 With Compounding Appl. No. 1 of 2026

Yogesh Panwar And Ors --Applicants Versus State Of Uttarakhand --Respondent

Hon'ble Rakesh Thapliyal, J.

¶1Mr. Nivesh Bahuguna, learned counsel for the applicants.

¶2Ms. Sweta Dobhal, learned Brief Holder for the State.

¶3Mr. Ish Mohan Bhatt, learned counsel for the informant/respondent.

¶4The instant petition is preferred under Section 528 of BNSS 2023 by the applicants herein for quashing of the proceeding of Criminal Case No. 400 of 2026, State vs. Yogesh Panwar and others, pending in the court of learned Chief Judicial Magistrate, Tehri Garhwal wherein all these applicants have been summoned to face the trial for the offences punishable under Sections 115(2), 126, 191(2), 3(5), 351(3) and 352 of BNS 2023.

¶5This petition is filed along with the compounding application (IA No. 1 of 2026) supported with the affidavits of all the applicants and respondent no. 3/injured. All are present in Court and are identified by their counsel.

¶6It is submitted by the learned counsel for the applicants that all these applicants are pursuing their studies in graduation as well as in law and respondent no. 3 is also

pursuing his studies in M.A. and they all have now settled their disputes and their relations are now cordial and they want to close the proceeding since ongoing proceeding will affect their future career. It is also submitted that earlier an FIR was challenged in WPCRL No. 1219 of 2026 and the Coordinate Bench on 03.07.2026 quashed the FIR but subsequently it came to their knowledge that on 28.06.2026 the charge sheet was forwarded to the concerned court, therefore, the instant petition is preferred for quashing the entire proceeding.

¶7Ms. Sweta Dobhal, learned Brief Holder for the State submits that all the offences are compoundable except the offence punishable under Section 191(2) of BNS 2023 but with the leave of the Court this offence can also be compounded. Apart from this, she submits that since all the applicants and the respondent/informant/injured are pursuing their studies, therefore, taking into consideration their future career this Court can take sympathetic view to close the proceeding.

¶8This Court also interact with each of the applicants and the injured and they submit that proceeding be closed and also undertakes that in future they will not indulge in any such activity and will focus on their career.

¶9After hearing the submissions of the learned counsel for the parties and taking into consideration that all the applicants and respondent/injured are pursuing their studies and ongoing proceeding will certainly affect their career and even otherwise they have settled their dispute, therefore, continuation of the proceeding is completely a futile exercise, therefore, this Court is of the view that the compounding application and the instant C528 application

deserves to be allowed.

¶10At this juncture, since FIR is already quashed by the Coordinate Bench but by that time charge sheet was filed, the learned counsel for the applicant is at liberty to move an application for recalling that order, since, now, after filing of the charge sheet this petition has been filed.

¶11In view of the observation and discussion as above, the instant petition as well as compounding application are allowed and the entire proceeding of Criminal Case No. 400 of 2026, State vs. Yogesh Panwar and others, pending in the court of learned Chief Judicial Magistrate, Tehri Garhwal, arising out of FIR dated

14.06.2026 bearing FIR No. 25 of 2026, P.S. Kempty, Tehri Garhwal is hereby quashed

(Rakesh Thapliyal, J.)

14-08-2026

Parul