High CourtsSingle Bench

Harish Chandra Joshi vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 20 January 2021 · Citation: (2021) 01 UK CK 0084

HON’BLE JUDGES
N.S. Dhanik, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (Crl.) No. 109 Of 2021, IA No. 1 Of 2021 (Compounding Application)

AI Structured Summary

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Judgment

22 paragraphs · 431 words

N.S. Dhanik, J

1.

This petition has been filed by the petitioner for quashing the F.I.R. dated 22.12.2020 registered as FIR No. 0688 of 2020, under Section 341, 504 &

506 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. Harish Chandra Joshi (petitioner) and Mr. Bhagwant Singh Jantwal (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 341, 504 & 506 IPC, arising out of FIR No.0688 of 2020, registered

at Police Station Haldwani, District Nainital, may be compounded and the F.I.R. may be quashed.

2.

Harish Chandra Joshi (petitioner) and Mr. Bhagwat Singh Jantwal (respondent no.3) are present in the Court today and they are duly identified by

their respective counsel. Petitioner 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.

3.

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.

4 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.

5 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.

6 Accordingly, the compounding application is allowed. Impugned F.I.R. dated F.I.R. dated 22.12.2020 registered as FIR No. 0688 of 2020, under

Section 341, 504 & 506 IPC, Police Station Haldwani, District Nainital is hereby quashed, so far it relates to the petitioner.

7.

The present writ petition is, accordingly, disposed of.