Bhagwat Singh Jantwal & Others vs State Of Uttarakhand & Others

N.S. Dhanik, J

This petition has been filed by the petitioner for quashing the F.I.R. dated 18.12.2020 registered as FIR No.0677 of 2020, under Section 147, 148,

323, 354, 427, 504 & 506 of IPC, Police Station Haldwani, District Nainital on the ground that the dispute has been amicably settled between the

parties and the offence has been compounded. Along with this writ petition, joint compounding application has also been filed by the parties. In support

of compounding application, affidavits have been filed by Mr. Bhagwat Singh Jantwal (petitioner no.1 doing pairvi on behalf of the other petitioners)

and Mr. Harish Chandra Joshi (respondent no.3/complainant). It is submitted by the learned counsel for the parties that the parties have entered into

the compromise and the respondent no.3 does not want to pursue his case against the petitioner. It is prayed that the offences punishable under

Section 147, 148, 323, 354, 427, 504 & 506 of IPC, arising out of FIR No.0677 of 2020, registered at Police Station Haldwani, District Nainital, may be

compounded and the F.I.R. may be quashed.

Bhagwat Singh Jantwal (petitioner No.1), Kamal Upadhyay (petitioner no. 2), Rajendra Chandra Sanwal (petitioner no.3) as well as the Harish

Chandra Joshi (respondent no.3/complainant), Kavita Joshi & Chitrakshi Joshi (aggrieved persons) are present in the Court today and they are duly

identified by their respective counsel. Petitioners and respondent no.3 (complainant) categorically stated that the dispute has been settled between

them and there is no grievance remained between them and they are ready to compound the offences.

Learned counsel for the respondent no.3 submitted that dispute between the parties have now been settled amicably and they are left with no

grudges and, now, they want to live peacefully in future.

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 the Court, if the Court is satisfied that matter has been settled between the parties amicably and parties are

interested to restore peace and harmony between them.

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 compounding application deserves to be allowed.

Accordingly, the compounding application is allowed. Impugned F.I.R. dated 18.12.2020 registered as FIR No.0677 of 2020, under Section 147, 148,

323, 354, 427, 504 & 506 of IPC, Police Station Haldwani, District Nainital, is hereby quashed, so far it relates to the petitioners.

The present writ petition is, accordingly, disposed of.