Uttarakhand High Court
WPCRL/694/2025 on 18 August, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
Office Notes,
reports, orders or
SL. proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and
Registrar's order
with Signatures
MCRC No.2/2025 (Recall application)
In
WPCRL No.694 of 2025
Hon'ble Pankaj Purohit, J.
Ms. Reema Rana, learned counsel for the petitioners.
2. Mr. S.S. Chauhan, learned Deputy Advocate General
along with Mr. Vikash Uniyal, learned Brief Holder for the
State.
3. Mr. Mohd. Safdar, learned counsel for the informant,
who lodged the first information report against the petitioners.
4. Mr. Susheel Kumar, learned counsel for respondent no.3,
who impersonated the actual informant and subsequently got
the matter compounded by filing a compounding application.
5. This matter has a very disturbing facts.
6. The writ petition has been filed by the petitioners seeking
quashing of the First Information Report No.0020 of 2025
dated 11.01.2025 lodged by one Anil Kumar Sharma, S/o
Ratan Lal Sharma, under Sections 318(4), 336(3), 338 &
340(2) of BNS, 2023, registered at Police State Vikasnagar,
District Dehradun.
7. Along with the instant petition, a compounding
application was filed by the parties, duly signed by the
petitioners as well as respondent no.3. Based on the said
compounding application, the writ petition was allowed by this
Court vide judgment and order dated 02.07.2025, and the
compounding application was accepted on the basis of the
compromise arrived at between the parties. Consequently, the
First Information Report impugned in the writ petition was
quashed qua the petitioners.
8. Subsequently, a recall application (MCRC No. 2 of 2025)
was filed by the original informant of the impugned First
Information Report, namely Anil Kumar Sharma, S/o Ratan
Lal Sharma, seeking recall of the judgment and order dated
02.07.2025 passed by this Court in the present writ petition.
It is alleged that the FIR was quashed on the basis of a
compromise effected by a fictitious person who impersonated
the respondent-informant and fraudulently settled the matter.
9. This fact that the matter was wrongly compounded by
fictitious person by impersonating the Anil Kumar Sharma,
S/o Ratan Lal Sharma, R/o RZ/F-145, Nihal Vihar, Mundaka,
P.O. Nangloi, West Delhi, Delhi-110041 was brought to the
notice of this Court and on 09.07.2025, the informant-Anil
Kumar Sharma identified by Mr. Mohd. Safdar, Advocate was
present before this Court and the respondent no.3-Anil Kumar
Sharma, who got the WPCRL No.694 of 2025 compounded was
also present. Both of them claimed them to be the original Anil
Kumar Sharma, who lodged the first information report. In
this view of the matter, this Court had directed the SSP
Dehradun, District Dehradun to personally examine the
matter and investigate it properly and to submit a report
before this Court within three weeks as to who was the real
Anil Kumar Sharma, who lodged the first information report.
10. The SSP Dehradun submitted its report before this Court
on 04.08.2025 through the Deputy Registrar (Judicial). Para 7
& 8 of the said report are quoted hereinbelow:-
"7- vc rd dh tkap ls ik;k fd mDr ,QvkbZvkj ntZ djkus okys oknh vfuy dqekj "kekZ
rFkk ekuuh; mPp U;k;ky; mRrjk[k.M uSuhrky esa le>kSrs dk fojks/k djus okys vfuy
dqekj "kekZ vk/kkj dkMZ uEcj esa ,d gh uke Anil Kumar Sharma, firk dk uke
Ratan Lal Sharma, o irk RZ/F-145, Nihal Vihar, Mundaka,
P.O. Nangloi, West Delhi, Delhi-110041 dk uke o irk leku gS] tcfd
nksuks esa QksVksxzkQ vkSj vk/kkj uEcj vyx&vyx gSA
8- oknh vfuy dqekj "kekZ }kjk foospd dks fn;s x;s ekscbZy uEcj ij lEidZ djus ds ckn
og tkWp gsrq mifLFkr gqvk gSA bl izdkj izFke lwpuk fjiksVZ ntZ djkus okys vfuy dqekj
"kekZ rFkk ek0 U;k;ky; ds le{k mifLFkr gksdj le>kSrs dk fojks/k djus okys O;fDr dk
,d gh gksus dh iqf'V tkWp esa gqbZ gS] tcfd ek0 mPp U;k;ky; mRrjk[k.M uSuhrky esa
le>kSrs ds fy, mifLFkr gq, vfuy dqekj "kekZ uke ds O;fDr ls fdlh izdkj dk lEidZ u
gksus o viuk i{k u j[kus ds dkj.k mDr O;fDr ds oknh u gksus dh iqf'V gqbZ gSA"
11. From a perusal of the report, it transpires that the
original informant, who lodged the impugned First Information
Report, remained in contact with the police, whereas the
person who impersonated the informant and got the matter
compounded has absconded and has not come into contact
with the police thereafter.
12. In view of the aforesaid facts, it is evident that the matter
was fraudulently compounded by one Anil Kumar Sharma,
who impersonated the real informant, Anil Kumar Sharma.
Accordingly, the judgment and order dated 02.07.2025 is
hereby recalled. The writ petition is restored to its original
number.
13. Since fraud has been committed upon the Court by one
Anil Kumar Sharma, S/o Ratan Lal Sharma, who ultimately
appears to be a fictitious person, the police is directed to
register an FIR against him and proceed to investigate the
matter in accordance with law.
14. List on 23.09.2025 for orders.
(Pankaj Purohit, J.)
18.08.2025
AK
