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Haridas Singh vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 5 April 2022 · Citation: (2022) 04 UK CK 0015

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 420, 504, 506 · Constitution Of India, 1950 — Article 226
RESULT
Disposed Of
CASE NUMBER
Criminal Writ Petition No. 568 Of 2022
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Judgment

11 paragraphs · 346 words

Alok Kumar Verma,J

1.

This Criminal Writ Petition has been filed under Article 226 of the Constitution of India to quash the impugned First Information Report No.89 of 2022, registered with Police Station Kunda, District Udham Singh Nagar for the offence under Sections 420, 504 and 506 of the IPC.

2.

Heard Mr. Sanjay Kumar, the learned counsel for the petitioner, Mr. S.S. Adhikari, the learned Deputy Advocate General for the State/ respondent nos.1 and 2 and Mr. Pranav Singh, the learned counsel for the informant/victim/respondent no.3.

3.

Mr. Nipendra Singh, the respondent no.3, informant and the victim is present in-person before this Court. He is identified by Mr. Pranav Singh, Advocate.

4.

Mr. Sanjay Kumar, the learned counsel for the petitioner, submitted that the petitioner is in judicial custody in this matter.

5.

The respondent no.3 submitted that the disputes between the petitioner and the respondent no.3 have been resolved, therefore, he does not want to proceed with the impugned First Information Report. He further submitted that he has filed a Compounding Application (IA No.01 of 2022) along with his affidavit with his free will and without any pressure.

6.

The learned counsel for the State submitted that there were private disputes between the private respondent and the petitioner and they have resolved their disputes, therefore, the State has no objection.

7.

Keeping in view of the totality of the facts and circumstances of the case, this Court is of the view that ends of justice would be met, if the impugned First Information Report No.89 of 2022, registered with Police Station Kunda, District Udham Singh Nagar for the offence under Sections 420, 504 and 506 of the IPC, is quashed.

8.

Resultantly, the impugned First Information Report No.89 of 2022, registered with Police Station Kunda, District Udham Singh Nagar for the offence under Sections 420, 504 and 506 of the IPC, is, hereby, quashed.

9.

The Criminal Writ Petition No.568 of 2022 is disposed of accordingly.

10.

Let a copy of this order be sent to the In-charge, Sub-Jail, Haldwani forthwith for necessary action.