MOHD. YUSUF ALIAS YUSUF ANSARI vs STATE OF UTTARAKHAND

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2026:UHC:8269



Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures

SL.
Date
No.
COURT’S OR JUDGE’S ORDERS

WPCRL/1801/2026

Mohd. Yusuf Alias Yusuf Ansari
--Petitioner

Versus
State Of Uttarakhand
--Respondent

Hon'ble Alok Mahra, J.

Mr. Saurabh Kumar Pandey, learned
counsel for the petitioner.
2. Mr. V.S. Pal, learned A.G.A. for the
State.
3. Ms. Gurbani Singh, learned counsel
for respondent no.2/complainant through
Video Conferencing.
4. By means of the present writ
petition, the petitioner has invoked the
extraordinary jurisdiction of this Court
under Article 226 of the Constitution of
India, seeking quashing of Case
Crime/F.I.R. No. 0404 of 2020, registered
at Police Station Patel Nagar, District
Dehradun, for the offences punishable
under Sections 420, 328, 504, 506, 323
and 120-B of I.P.C., together with all
consequential proceedings arising
therefrom, on the basis of an amicable
settlement entered into between the
parties.
5. Learned counsel appearing for the
petitioner would submit that the
impugned F.I.R. has been lodged against
the present petitioner pursuant to an
order passed under Section 156(3) of the
Cr.P.C. He would further submit that,
during the pendency of the present writ

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petition, the parties have amicably
resolved all their disputes and differences
of their own free will and volition, without
any coercion, pressure, inducement or
undue influence. The complainant is no
longer desirous of prosecuting the
petitioner in the criminal case and,
therefore, continuation of the criminal
proceedings against the petitioner would
serve no useful purpose. He would further
submit that the Coordinate Bench of this
Court, vide judgment and order dated
11.09.2026 passed in C-482 No.278 of
2021, has already quashed the
proceedings arising out of the impugned
F.I.R. against the co-accused persons on
the basis of the compromise arrived at
between the parties. Accordingly, it is
prayed that the impugned F.I.R. and all
consequential proceedings arising
therefrom may also be quashed in exercise
of the extraordinary jurisdiction of this
Court.
7. It is further submitted that a
Compounding Application, being I.A. No. 1
of 2026, duly supported by separate
affidavits sworn by the petitioner as well
as respondent no.2, has been filed before
this Court. In the said application, both
the parties have categorically affirmed that
they have entered into the compromise
voluntarily and without any coercion,
pressure, inducement or undue influence
and have jointly prayed for quashing of
the impugned F.I.R. and all consequential
proceedings in the interest of justice.
8. The petitioners and respondent no.2
are present before the Court through
Video Conferencing and have been duly
identified by their respective learned
counsel. On being interacted with by the
Court, respondent no.2 would submit

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that, due to some misunderstanding, the
dispute between the parties had arisen,
which has now been amicably settled
between them. He further submits that, in
view of the settlement arrived at between
the parties, he is no longer desirous of
prosecuting the petitioners in the criminal
case.
9. Learned State Counsel would oppose
the prayer made in the writ petition;
however, he does not dispute the factum
of the compromise arrived at between the
parties.
10. This Court has considered the
submissions advanced by learned counsel
for the parties and has also perused the
F.I.R., the Compounding Application and
the affidavits filed in support thereof.
11. Perusal of the record reveals that the
alleged incident arose out of a property
dispute between the parties, which has
now been amicably settled. The parties
have resolved their dispute of their own
free will and volition, and respondent
no.2/complainant has categorically stated
before this Court that he is no longer
desirous of prosecuting the petitioners in
the criminal case.
12. Hon’ble Supreme Court, in the cases
of Gian Singh Vs. State of Punjab and
another, reported in (2012) 10 SCC 303,
and Narinder Singh and others Vs. State
of Punjab and another, reported in (2014)
6 SCC 466, has delineated the principles
governing exercise of the inherent
jurisdiction of the High Court for quashing
criminal proceedings on the basis of
settlement between the parties. It has
been held that, in appropriate cases,
where the dispute is essentially of a
private nature and the possibility of

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conviction is remote and bleak,
continuation of the criminal proceedings,
despite settlement, may amount to abuse
of the process of law and may cause
unnecessary oppression and prejudice to
the parties.
13. Having regard to the peculiar facts
and circumstances of the case, the nature
of the allegations, the stand taken by
respondent no.2, the voluntary settlement
arrived at between the parties and the fact
that the dispute essentially emanates from
an unfortunate accident, this Court is of
the considered opinion that the possibility
of the criminal proceedings culminating in
conviction is remote and bleak. In such
circumstances, permitting the criminal
proceedings to continue would serve no
meaningful purpose and would result in
unnecessary harassment and prejudice to
the petitioner. Continuation of the
proceedings, in the peculiar facts of the
present case, would amount to an abuse
of the process of law.
14. Consequently, the writ petition is
allowed. F.I.R./Case Crime No.0404 of
2020, registered at Police Station Patel
Nagar, District Dehradun, is hereby
quashed along with all the proceedings
emanating therefrom.
15. Compounding application is,
accordingly, disposed of.
16. Pending applications, if any, also
stand disposed of.



(Alok Mahra, J.)
15-09-2026
Mamta


MAMTA
RANI
Digitally signed by MAMTA RANI
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=6a812005bebfcf46f244f3e584af1449e430e
f900bf09a6d67ebbd642671329b,
postalCode=263001, st=Uttarakhand,
serialNumber=5de1751a4f1d9cabfd54852c9e68911
ca8b66dd26690a191648ab5d8dd004ef0,
cn=MAMTA RANI
Date: 2026.09.15 18:21:14 +05'30'