The court considered the settlement between the parties and the impact on the students' future, and allowed the writ petition based on the settlement.

JUDGMENT :

Sharad Kumar Sharma, J.

1. This writ petition has been preferred by the present petitioners, who are present in person before this Court and duly identified by Mr. M.K. Ray, learned Counsel for the petitioners. Similarly, the complainant/respondent No. 3 too is present in the Court and is identified by Mr. M.S. Bhandari, learned Counsel for respondent No. 3.

2. The respondent No. 3 is the complainant who lodged an F.I.R. on 08.09.2018, which has been registered as Case Crime No. 49 of 2018, under sections 147, 148, 149, 307, 504, 506 and 323 I.P.C., Police Station Kotwali Srinagar, District Pauri Garhwal.

3. This Court, in principle, is not willing to accept the contentions raised in the Compounding Application because it is a very pathetic state of affairs that these students who have taken admission in one of the renowned Universities of the State, namely H.N.B. Garhwal University, Srinagar have come up to build their career at cost and expenditure which is being met by their parents but the unfortunate part of it is that they have been engaging themselves in riot-ism by actively participating in the election proceedings and creating pandemonium scene and thereby disturbing the atmosphere of the Campus itself.

4. In the FIR as lodged by respondent No. 3, he contends that he is a student of the H.N.B. Garhwal University. He has raised an allegation against the petitioners and there have been certain ideological political rivalries amongst themselves. On account of certain differences between them and a group of 42-45 students, attacked each other which has resulted in the lodging of the F.I.R.

5. Present Compounding Application has been submitted on the basis by the parties to the Writ to the effect that now they have settled their scores and the respondent No. 3 who is present in person submits that considering the terms which have been entered into between them, he does not want to prosecute the petitioners for the offences levelled by him against them. Para 3 to 7 of the compounding application read as under:--

"3. That it is most respectfully submitted that at this stage the respondent No. 3 is not willing to further prosecute the petitioners and it was decided by the parties and the writ petition be decided in terms of the compromise and accordingly the impugned first information report may kindly be quashed to meet the ends of justice.

4. That it is most respectfully submitted that the informant/respondent No. 3 is not willing to further prosecute the petitioners hence at this stage, since the investigation is in progress, therefore, in the interest of justice the impugned first information report may kindly be quashed.

5. That it is most respectfully submitted that since a prayer has been made for quashing the first information report on the basis of the compromise, the separate affidavits on behalf of the petitioners as well as the informant/respondent No. 3 are also annexed to further substantiate the fact that all of them have amicably settled the dispute to support the compounding application.

6. That it is most respectfully submitted that the petitioners are innocent students and they have been falsely implicated in the present matter.

7. That since the parties have amicably settled the dispute and the respondent No. 3 is not further willing to prosecute the petitioners hence it is in the interest of justice that on the basis of the compromise entered between the partite the impugned first information report registered as Case Crime 49/2018, under sections 147, 148, 149, 307, 504, 506 and 323 I.P.C., Police Station - Kotwali Sringar, District - Pauri Garhwal may kindly be quashed."

6. Having said so, this Court is also to keep in mind that these are the students who have come up to build their career and, in case, they are forced to undergo the criminal investigation and consequential trial, it may in the long run ruin their career.

7. Considering the aforesaid aspect only, this Court allows the writ petition on th