Gaurav Singh vs State Of Uttarakhand And Others

Pankaj Purohit, J

Heard learned Counsel for the parties.

By means of the present writ petition, petitioner has put to challenge the First Information Report No.462 of 2024 dated 15.09.2024, under Sections 420 and 506 IPC, registered with Police Station Rudrapur, District Udham Singh Nagar, in view of the compromise entered into between the parties.

Along with present criminal writ petition, a joint compounding application (IA/1/2025) signed by both the petitioner and the respondent no.4 has been filed, which is duly supported by separate affidavits of the parties.

In the compounding application, it has been stated by the parties that the parties have reached to the terms of compromise wherefor a settlement has also reached between them. Both the parties stated that the dispute between the parties was with respect of return of money paid by the respondent No.4-complainant to the petitioner. Now, the petitioner had returned the entire money to the respondent No.4-complainant, it is thus, prayed that the present first information report be quashed in terms of the compromise arrived at between the parties.

Petitioner-Gaurav Singh and respondent no.4-Kamaldev Tiwari are present before this Court being duly identified by their respective counsel.

The Court also had an interaction with the respondent no.4 (Kamaldev Tiwari), the complainant about the compromise, to which, he fairly conceded that he has no objection if compounding application is allowed.

Since, the offence under Section 420 IPC is compoundable at person cheated on the permission granted by the Court and offence under Section 506 IPC is also compoundable, therefore, this Court has no hesitation to allow the compounding application.

Since the parties have reached to the terms of the compromise, this Court is of the firm opinion that there would remain a remote or bleak possibility of conviction in this case. It can also safely be inferred that it would be unfair or contrary to the interest of justice to permit continuation of the criminal proceedings. Since the answer to the aforesaid points is in affirmative, this Court finds it a fit case to permit the parties to compound the matter.

Accordingly, compounding application (IA/1/2025) is hereby allowed. The compromise arrived at between the parties is accepted. The First Information Report No. 462 of 2024 dated 15.09.2024, under Sections 420 and 506 IPC, registered with Police Station Rudrapur, District Udham Singh Nagar, is hereby quashed. Consequently, all the subsequent proceedings pursuant to the impugned FIR automatically shall come to an end.

Present criminal writ petition stands disposed of accordingly.