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Judgment
22 paragraphs · 364 wordsN.S. Dhanik, J
The present criminal writ petition has been filed by the petitioner seeking the following relief:
(i) Issue a writ, order or direction quashing the impugned FIR dated 28.03.2021, registered as FIR No. 0007 of 2021, under Sections 323, 352, 504, 506
& 147 IPC, at P.S. Berinag, District Pithoragarh.
Now, parties have filed the joint compounding application stating therein that they have entered into compromise and amicably settled their dispute
and now the respondent no. 3 does not have any grievance with the petitioners. In support of compounding application (IA No. 1/2021), affidavits
have been filed by the petitioner no.1 (Indra Jeet Singh); petitioner no. 2 (Pankaj Singh Mahara); respondent no. 3/complainant (Sundar Singh Manral);
colleague of respondent no. 3 (Kundal Singh Manral); colleague of respondent no. 3 (Girish Chandra Pandey); colleague of respondent no. 3 (Harish
Singh Manral) and colleague of respondent no. 3 (Chandra Shekar Pant).
On 21.06.2021 parties were present before this Court through Video Conferencing, duly identified by their respective counsel. They admitted the
settlement.
Compounding application bears the signatures/thumb impressions of the petitioners and respondent no. 3. It has been further stated by the parties
that now they have amicably settled their dispute. Therefore, learned Counsel for the parties have submitted that the impugned FIR be quashed in
terms of the compromise.
Learned State Counsel submits that during investigation Section 147 IPC has been removed.
Learned counsel for the petitioners placed reliance upon the judgments of the Hon’ble Apex Court in Gian Singh v. State of Punjab & Another,
(2012) 10 SCC 303 B.S. Joshi, (2003) 4 SCC 675; Nikhil Merchant, (2008) 9 SCC 677; and Manoj Sharma, (2008) 16 SCC.
Considering the facts and circumstances of the case and in view of the legal proposition propounded by the Hon’ble Apex Court, the
compounding application is allowed. Compromise arrived at between the parties is accepted. Impugned FIR dated 28.03.2021, registered as FIR No.
0007 of 2021, under Sections 323, 352, 504, 506 & 147 IPC, at P.S. Berinag, District Pithoragarh is quashed in terms of the compromise qua the
petitioners only.
Criminal writ petition stands disposed of accordingly.