Uttarakhand High Court
Savej And Another vs State Of Uttarakhand on 13 July, 2026
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Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
C528/1481/2026
Savej and another ........Applicants
Versus
State Of Uttarakhand .......Respondent
Hon'ble Alok Mahra, J.
Mr. Akshay Pradhan, learned
counsel for the applicants.
2. Mr. Sandeep Sharma, learned A.G.A.
for the State.
3. Mr. Gaurav Singh, learned counsel
for respondent nos.2 to 4/complainants.
4. Present C-528 application has been
filed seeking quashing of the charge-sheet
as well as the entire proceedings of
Criminal Case No.301 of 2025, under
Sections 109, 190, 191(2), 191(3), 115(2),
333, 352, 351(2), of the B.N.S.S. pending
in the court of learned A.C.J.M./Civil
Judge (S.D.), Laksar, District Haridwar
arising out of F.I.R. No. 180 of 2026 as
well as the entire proceedings of the
aforesaid case.
5. Learned counsel for the applicants
would submit that respondent nos.2, 3 &
4 lodged F.I.R. No.180 of 2026, pursuant
to which the police conducted
investigation and ultimately submitted a
charge-sheet against the applicants; that,
on the basis of the said charge-sheet, the
learned trial Court took cognizance and
registered Criminal Case No.301 of 2025;
that, the dispute arose on account of an
altercation between the parties regarding
the boundary of their agricultural land. It
is further submitted that, in respect of the
very same incident, a cross F.I.R. was also
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lodged by the mother of the applicants
against the complainant side, which
clearly demonstrates that the occurrence
emanated from a sudden quarrel between
the two families.
6. Learned counsel for the applicants
would further submit that, during the
pendency of the proceedings, the parties
have amicably resolved all their disputes
and have decided to maintain cordial
relations in future. In this regard, a joint
compromise application (I.A. No.1 of
2026), duly supported by the affidavits of
the applicants and respondent nos.2 to 4,
has been filed before this Court, wherein it
has been categorically stated that the
dispute has been settled voluntarily,
without any coercion, undue influence or
pressure, and that respondent nos.2 to 4
do not wish to prosecute the applicants
any further. It is also submitted that the
present applicants are presently in judicial
custody; therefore, the affidavits on their
behalf have been sworn by their mother.
7. Learned counsel for respondent
nos.2 to 4 supports the submissions
advanced on behalf of the applicants and
submits that the compromise has been
voluntarily arrived at between the parties
and that respondent nos.2 to 4 have no
objection if the criminal proceedings
arising out of the aforesaid F.I.R. are
quashed.
8. The mother of applicant nos. Savej
and Sultan as well as respondent nos.2 to
4 are present before this Court and have
been duly identified by their respective
learned counsel. Upon interaction with the
Court, respondent nos.2 to 4 have
unequivocally stated that they have
amicably settled the dispute with the
applicants of their own free will and
volition and do not wish to pursue the
criminal proceedings any further. They
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have further stated that the compromise
has been entered into voluntarily and
without any coercion, inducement or
undue influence, and that they have no
objection if the charge-sheet and the
consequential criminal proceedings are
quashed.
9. Learned State Counsel would oppose
the application on the ground that the
offences alleged are non-compoundable in
nature. However, he does not dispute the
fact that the parties have entered into a
compromise and that the joint
compromise application is duly supported
by their respective affidavits.
10. Heard learned counsel for the parties
and perused the material available on
record.
11. From the record, it transpires that
the criminal proceedings emanate from a
dispute arising out of an altercation
between the parties regarding of their
agricultural land. It further appears that a
cross F.I.R. has also been lodged by the
applicants’ side in respect of the same
incident, indicating that the occurrence
arose out of a personal dispute between
the two families. Respondent nos.2 to 4,
who are present before this Court, have
categorically stated that they have
amicably resolved the dispute and do not
wish to continue with the prosecution.
Upon interacting with them, this Court is
satisfied that the compromise is genuine,
voluntary and has been entered into
without any coercion, undue influence or
pressure.
12. It is true that the offences alleged in
the present case are non-compoundable.
Nevertheless, it is equally well settled that
the inherent jurisdiction of the High Court
under Section 482 Cr.P.C./528 B.N.S.S. is
of wide amplitude and may be exercised to
quash criminal proceedings where the
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dispute is predominantly private or
personal in nature and where
continuation of the criminal proceedings
would amount to abuse of the process of
the Court or would otherwise defeat the
ends of justice.
13. In Gian Singh v. State of Punjab,
(2012) 10 SCC 303, the Hon’ble Supreme
Court held that the High Court may, in
exercise of its inherent jurisdiction, quash
criminal proceedings involving non-
compoundable offences where the dispute
is essentially private in nature and the
compromise between the parties would
advance the ends of justice. In Narinder
Singh and others v. State of Punjab and
another, (2014) 6 SCC 466, the Hon’ble
Supreme Court laid down the guiding
principles governing the exercise of
inherent powers for quashing criminal
proceedings on the basis of compromise
and observed that the Court must
examine the nature of the offence, the
antecedents of the parties, the stage of the
proceedings and whether continuation of
the prosecution would serve any useful
purpose. Likewise, in Parbatbhai Aahir @
Parbatbhai Bhimsinhbhai Karmur and
others v. State of Gujarat and another,
(2017) 9 SCC 641, the Hon’ble Supreme
Court reiterated that the inherent power of
the High Court is intended to secure the
ends of justice and prevent abuse of the
process of law, and that each case must
be examined on its own facts to determine
whether quashing would be justified.
14. Having regard to the nature of the
dispute, the fact that it arose out of a
personal altercation between the parties,
the existence of a cross F.I.R., the
voluntary settlement arrived at between
the parties, and the categorical statements
made by respondent nos.2 to 4 before this
Court that they do not wish to pursue the
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criminal proceedings, this Court is of the
considered opinion that the possibility of
securing a conviction is extremely remote.
Continuation of the criminal proceedings,
in the peculiar facts and circumstances of
the case, would serve no useful purpose
and would amount to an abuse of the
process of the Court.
15. Consequently, this Court is satisfied
that the present case is a fit one for
exercising its inherent jurisdiction under
Section 528 of the B.N.S.S. to secure the
ends of justice.
16. Accordingly, the compounding
application (I.A. No.1 of 2026) stands
allowed. Consequently, the charge-sheet
as well as the entire proceedings of
Criminal Case No.301 of 2025, pending
before the Court of learned A.C.J.M./Civil
Judge (Senior Division), Laksar, District
Haridwar, arising out of F.I.R. No.180 of
2026, are hereby quashed qua the
applicants.
17. Since applicants Savej and Sultan
are stated to be in judicial custody in
connection with the present case, they
shall be released forthwith, if not required
to be detained in connection with any
other case, subject to compliance with all
requisite formalities.
18. The present application under
Section 528 of the B.N.S.S., is accordingly
allowed and disposed of.
19. Pending applications, if any, shall also
stand disposed of.
MA Digitally signed by MAMTA RANI
DN: c=IN, o=HIGH COURT OF
UTTARAKHAND, ou=HIGH COURT OF
(Alok Mahra J.)
MTA
UTTARAKHAND,
2.5.4.20=6a812005bebfcf46f244f3e5
84af1449e430ef900bf09a6d67ebbd6
13.07.2026
Mamta 42671329b, postalCode=263001,
st=Uttarakhand,
serialNumber=5de1751a4f1d9cabfd
54852c9e68911ca8b66dd26690a191
648ab5d8dd004ef0, cn=MAMTA
RANI
RANI
Date: 2026.07.13 17:51:03 +05’30’
