C528/1576/2026 of SANJAY JOSHI AND ORS Vs STATE OF UTTARAKHAND on 23 July 2026

1. Mr. Sumit Bajaj, learned counsel for the applicant.

2. Mrs. Meenakshi Sharma and Mr. Himanshu Sain, learned A.G.A. for the State.

3. Mr. B.S. Kathayat, learned counsel for the respondent.

4. The instant petition is preferred by the ten persons, who infact are pursuing their studies in M.B.P.G. College, Haldwani, for quashing of the entire proceeding of Criminal Case No. 783 of 2026 arising out of First Information Report dated 26.08.2023 bearing FIR No. 443 of 2023 P.S. Haldwani, District Nainital, wherein, as many as in total 11 persons were implicated and thereafter on completion of the investigation the present applicants who are ten in numbers have been chargesheeted for the offence punishable under sections 147, 149, 504 and 506 of IPC, P.S. Kotwali Haldwani District Nainital.

5. Now, this petition is filed along with the compounding application with the affidavit of the informant/respondent no. 2 and all the applicants with this contentions there was some hot alteration in between two group of the students, who were supporting their respective candidates in the Student Union Election and due to some misunderstanding the FIR has been lodged.

6. It is also submitted by the learned counsel for the parties that at the relevant point of time when the FIR was lodged everybody was pursuing their studies and they have not focused on this FIR and in the meantime the charge-sheet has been filed.

7. It is argued that since the dispute was in between the two group of the students during Student Union Election and now they all have settled their dispute and their relations are very cordial and they all are pursuing their studies including the respondent/complainant, therefore, submits that the proceedings be closed otherwise it will affect their future prospects.

8. On the other side, learned State counsel submits that though some of the penal provisions are not compoundable but the admitted position is that the incident was happened during the Student Union Election and there was some hot talks in between the two group of the students, who were supporting their respective candidates, therefore, for better future prospects of the applicants and the informant the proceedings may be closed. She further submits that even otherwise since the complainant herself submits that due to some misunderstanding the FIR has been lodged and she does not want to pursue the proceeding, therefore, continuation of the proceeding will be a futile exercise.

9. After hearing the submission of learned counsel for the parties and taking into consideration the nature of allegations and the incident, which was happened during Student Union Election and now the complainant herself submits that she does not want to pursue the proceeding and all the applicants and the respondent/complainant are pursuing their studies and they are young persons, therefore, in such eventuality if the proceeding is permitted to continue, it will certainly affect their future prospects, therefore, in the interest of justice and taking into consideration their future prospects particularly the fact that respondent/complainant does not want to pursue the proceeding, this court is of the view that the compounding application deserves to be allowed.

10. Accordingly, the instant criminal miscellaneous application as well as the compounding application are allowed and the entire proceeding of Criminal Case No. 783 of 2026 arising out of First Information Report dated 26.08.2023 bearing FIR No. 443 of 2023 pending in the court of Additional Chief Judicial Magistrate, Haldwani, as well as the charge-sheet dated 24.03.2025 and the summoning order dated 18.04.2026 are quashed.

(Rakesh Thapliyal, J.) 23.07.2026 PR