Gurdev Singh Alias Ladi Cheema & Others vs State Of Uttarakhand & Others

Ravindra Maithani, J

The instant petition has been filed by the petitioners for quashing the F.I.R. dated 12.12.2018 registered as F.I.R. No.215 of 2018 at P.S. Dineshpur,

District Udham Singh Nagar under Section 420 I.P.C. and further directing the respondent nos.1 & 2 not to arrest the petitioners.

Today it is informed that the parties have entered into a compromise and settled the dispute amicably. In this matter F.I.R. under Section 420 IPC

was registered on 12.12.2018. According to the F.I.R., the writ petitioners induced the respondent no.3 to deliver money and executed agreements to

sale but sale deed has not executed.

A joint compounding application has also been filed by the parties, which is supported by the affidavit of the petitioner no.2 and respondent no.3.

Petitioner nos.1-Gurdev Singh alias Ladi Cheema, petitioner no.2 Shailendra Singh and petitioner no.3-Bhupendra Singh are present in person before

this Court duly identified by Mr. Lalit Sharma, Advocate and respondent no.3 Puran Singh is also present in person before this Court duly identified by

Mr. Kaushal Sah Jagati, Advocate.

Petitioners and the respondent no.3 have stated before the Court that they have amicably settled the dispute.

Heard learned counsel for the parties and perused the record.

Learned counsel for the petitioners and respondent no.3 both would argue that the dispute between the parties is definitely civil in nature. Parties

have already settled their dispute amicably. Now, continuance of any criminal proceedings would definitely be non productive and would not yield any

result to meet ends of justice. Hence, the FIR may be quashed.

In the case of Gian Singh Vs. State of Punjab and Another, (2012) 10 SCC 303, Hon’ble Court, interalia, held as under:

The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or

FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences

under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline

engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the

criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and

circumstances of each case and no category can be prescribed………………………………………………..

Parties have already settled their dispute amicably. In fact, if the trial proceeds now, the possibility of conviction is remote and bleak. It would not

secure the ends of justice. In fact, interest of justice demands that the criminal case is put to an end. Therefore, this Court is of the view that since

parties have amicably settled their dispute, the impugned FIR deserves to be quashed and the petition deserves to be allowed.

Accordingly, the instant petition is allowed. The impugned FIR dated 12.12.2018 registered as FIR No.215 of 2018 at Police Station Dineshpur,

District Udham Singh Nagar under Section 420 of IPC is hereby quashed.

Compounding Application No.4718 of 2019 stands disposed of accordingly.