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Registrar’s order with Signatures 2026:UHC:233

WPCRL No. 1812 of 2025

Hon’ble Ashish Naithani, J .

Mr. Yogesh Pant, learned counsel for the Petitioners.

2. Mr. S.S. Chauhan, learned Deputy Advocate General assisted by Mr. Vikash Uniyal, learned Brief Holder for the State of

Uttarakhand.

3. Mr. Ajeet Kumar Yadav, learned counsel for Respondent No. 2

/Complainant.

4. The present Criminal Writ Petition under Article 226 of the Constitution of India has been instituted by the Petitioners against the Respondents, particularly Respondent No. 2, seeking the following

relief:

“(i) To issue a writ, order or direction in the nature of certiorari, quashing the impugned FIR No. 0091 of 2025 dated 09.03.2025, registered under Sections 420 and 506 of the IPC

and Section 3(1)(

Tribes (Prevention of Atrocities) Act, at Police Station Khatima, District Udham Singh Nagar, on the basis of a lawful and voluntary compromise arrived at between the Petitioners and

the complainant/Respondent No. 2.”

5. Today, the matter is listed for disposal of the Compounding Application (I.A. No. 01 of 2025, Paper No. 19), moved by the parties seeking permission to compound the dispute on the ground that they

have amicably resolved all their differences.

6. The said application bears the signatures of both parties and is duly supported by their respective affidavits. The application is also endorsed by Mr. Yogesh Pant, learned counsel for the Petitioners, and Mr. Ajeet Kumar Yadav, learned counsel for Respondent No. 2,

affirming the voluntary nature of the settlement.

7. Learned State Counsel, on instructions, opposes the Compounding Application and submits that upon examination of the

case diary and investigation conducted so far, no offence under Section

506 IPC or Section 3(1)( ध Petitioners. It is further submitted that investigation under Section 420 IPC is still ongoing.

8. All parties are present before this Court today and have been duly identified by their respective learned counsels.

9. Upon interacting with the parties and considering the material on record, this Court is satisfied that the compromise has been arrived at voluntarily, without any pressure, coercion, or undue influence.

10. This Court is conscious of the settled legal position that offences under the SC/ST (Prevention of Atrocities) Act are not compoundable. However, in the present case, the State itself has categorically submitted that the essential ingredients of Section 3(1)( ध) of the SC/ST Act are not attracted, and therefore, continuation of criminal proceedings under the said provision would amount to an abuse of the process of law.

11. Considering the overall facts and circumstances of the case, the nature of allegations, the stage of investigation, the submissions of the learned State Counsel, and the genuine compromise between the parties, the Compounding Application (I.A. No. 01 of 2025) is allowed.

12. Consequently, FIR No. 0091 of 2025 dated 09.03.2025, registered under Sections 420 and 506 IPC and Section 3(1)(ध) of the SC/ST Act, at Police Station Khatima, District Udham Singh Nagar, is hereby quashed insofar as it relates to the present Petitioners, in exercise of this Court’s extraordinary jurisdiction, to secure the ends of justice.

13. The Criminal Writ Petition stands disposed of accordingly.

14. All pending applications, if any, also stand disposed of.

(Ashish Naithani, J.)

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