DHEERAJ RAWAT AND ORS vs STATE OF UTTARAKHAND

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UKHC010184262026
C528/2259/2026

Dheeraj Rawat And Ors
--Applicant

Versus
State Of Uttarakhand
--Respondent

Hon'ble Alok Mahra, J.
Mr. Abhilash Nainwal, Advocate for the
applicants.
2. Mr. Dinesh Chauhan, A.G.A. for the State.
3. Mr. Pankaj Semwal, Advocate for the
complainant/respondent nos. 2 to 4.
4. The present criminal misc. application is
filed with a prayer to set-aside the
chargesheet, summoning/cognizance order as
well as the entire proceedings of Criminal
Case No. 234 of 2026, State Vs. Dheeraj
Rawat and Others, pending in the court of
learned Judicial Magistrate, Rishikesh,
District Dehradun, on the basis of
compromise between the parties.
5. This is a case of cross-FIRs. Admittedly,
altercation took place between the parties on
14.03.2025. On that date, festival of Holi was
celebrated and due to the influence of the
colours, fight took place between the
applicants and the private respondents. It is
informed to this Court that both applicants as
well as complainant/respondents are
residents of the same locality.

6. Now, Compounding Application is filed in
the matter wherein it is prayed to compound
the offences between the parties.
7. Learned counsel for the applicants
submits that the parties have amicably settled
their dispute and have entered into a
compromise.
8. Parties are virtually present before this
Court and are duly identified by their
respective counsel. Parties have also filed
their respective affidavits stating the facts of
compromise between them.
9. Exemption Application has also been
filed by the parties with a prayer to exempt
applicant no. 2 and respondent no. 4 from
executing and filing their individual personal
affidavits alongwith compounding application.
For the reasons stated in the exemption
application, the same is allowed. As such,
applicant no. 2 and respondent no. 4 are
exempted from executing and filing individual
personal affidavits alongwith compounding
application. It is further informed to this
Court that applicant no. 4 Mayank Singh
Barthwal is serving in the Indian Army and
though he has filed his affidavit, but, he could
not appear today through video-conferencing.
10. The Court interacted with the parties.
Upon interaction, opposite parties
/complainant have submitted that the dispute
arose due to some misunderstanding between
both the parties and now they have amicably
settled their dispute with the applicants and
they do not want to pursue with the criminal
proceedings against the applicants.
11. At this stage, learned State Counsel
raised a preliminary objection to the effect
that the offences sought to be compounded

are non-compoundable.
12. However, the Hon’ble Apex Court in the
case of B.S. Joshi and others Vs. State of
Haryana reported in (2003) 4 S.C.C., Page
675, has permitted compounding of non-
compoundable offences with the permission of
Court.
13. Furthermore, Hon’ble Supreme Court, in
a catena of its judgments, has observed that
in cases where because of the compromise
arrived at between the parties, possibility of
conviction is remote and bleak, the High
Court may quash the criminal proceedings as
continuation of the same would cause great
prejudice and injustice to the accused.
14. Following the aforesaid ratio, the present
compounding application is allowed. The
offences between the parties are permitted to
be compounded. As a result, the entire
proceedings of Criminal Case No. 234 of 2026,
State Vs. Dheeraj Rawat and Others, pending
in the court of learned Judicial Magistrate,
Rishikesh, District Dehradun, are hereby
quashed qua the applicants.
15. Accordingly, the present criminal misc.
application stands disposed of in the aforesaid
terms.

(Alok Mahra J.)
15.10.2026
Ujjwal