High CourtsSingle Bench(2018) 04 UK CK 0045

BAL SINGH SAINI AND OTHERS vs STATE OF UTTARAKHAND AND OTHERS

Uttarakhand High Court · Decided on 12 April 2018

HON’BLE JUDGES
V.K. BIST, J
RESULT
Disposed Off
CASE NUMBER
Compounding Application No. 4445 of 2018 In Criminal Writ Petition No. 613 of 2018

AI Structured Summary

Not yet generated for this judgment

Judgment

21 paragraphs · 406 words
1.

Heard learned counsel for the parties.

2.

The present petition has been filed by the petitioners for quashing the impugned First Information Report dated 30.01.2018, registered as F.I.R. No.

0087 of 2018, under Sections 420, 467, 468, 471, 120-B, 504 and 506 of I.P.C., registered at Police Station Kotwali Jwalapur, District Haridwar. Along

with the writ petition, joint compounding applications have also been filed. In support of compounding application, affidavits have been filed by

petitioner no. 1 (Bal Singh Saini) and respondent no. 4 (Subhash Sharma). It is stated in the affidavit filed by the respondent no. 4 that the F.I.R. was

lodged by the respondent no. 4 under some misconception. It is also stated in the affidavit that the parties have settled their dispute amicably and the

respondent no. 4 is not willing to further prosecute the petitioners.Â

3.

It is prayed that the offences punishable under Sections 420, 467, 468, 471, 120-B, 504 and 506 of I.P.C., arising out of F.I.R. No. 0087 of 2018

may be compounded and the entire proceedings of F.I.R. dated 30.01.2018, registered under Section 420, 467, 468, 471, 120-B, 504 and 506 of I.P.C.,

at Police Station Kotwali Jwalapur, District Haridwar may be quashed.  Â

4.

Parties are present in the Court today and are duly identified by their respective counsel. It is stated that parties have settled the dispute

amicably. Â

5.

In view of the principle of law laid down by Hon’ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC

303 as well as in Transfer Petition (Criminal) No. 115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, criminal

proceedings can be quashed by this Court, if this Court is satisfied that matter has been settled between the parties amicably and parties are interested

to restore peace and harmony between them.

6.

Having considered submission of learned counsel for the parties, and after going through the entire material available on record, I am satisfied that

the matter has been settled between the parties amicably. Therefore, the writ petition deserves to be allowed.

7.

Accordingly, the writ petition is allowed. Impugned F.I.R. dated 30.01.2018, registered as F.I.R. No. 87 of 2018, under Section 420, 467, 468, 471,

120B, 504 and 506 of I.P.C, registered at Police Station Kotwali Jwalapur, District Haridwar, is hereby quashed. Â

8.

Compounding applications are, accordingly, disposed of