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MANINDRA BHALLA AND ANOTHER vs STATE OF UTTARAKHAND AND OTHERS

Uttarakhand High Court · Decided on 9 March 2018 · Citation: (2018) 03 UK CK 0021

HON’BLE JUDGES
V.K. BIST, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 120, 420, 467, 468, 471
RESULT
Disposed Off
CASE NUMBER
Compounding Application No.2596 of 2018 In Criminal Writ Petition No.370 of 2018
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Judgment

20 paragraphs · 404 words
1.

Present petition has been filed by the petitioners for quashing the First Information Report dated 06.04.2017 lodged by respondent no.3 against the

petitioners in Case Crime No.72 of 2017, under Sections 420, 467, 468, 471 & 120 IPC, P.S. Raipur, District Dehradun on the ground that the dispute

has already been amicably settled between the parties and the offence has been compounded. Alongwith the petition compounding application has

been filed by the petitioners and respondent no.3. In support of compounding application, joint compromise affidavits have been filed by Mr. Manindra

Bhalla (petitioner) alongwith petitioner no.2 and Smt. Dolly Gujral complainant-(respondent no.3). In the compounding application it is stated by

respondent no.3 that dispute between her and the petitioners has been settled and she has no grievance remain from the petitioners and, as such the

matter between the respondent no.3 and the petitioners has been settled amicably and the respondent no.3 does not wish to carry the criminal litigation

against the petitioners.Â

2.

It is prayed that the First Information Report dated 06.04.2017 registered as Case Crime No.72 of 2017 for the offences punishable under sections

420, 467, 468, 471 & 120 IPC registered at P.S. Raipur, District Dehradun, may be quashed, so far petitioners are concerned.

3.

Parties are present in the Court today and they are duly identified by their respective counsel. They admit the compromise.Â

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 this Court, if Court is satisfied that matter has been settled between the parties amicably and parties are interested to

restore peace and harmony between them.Â

5.

Having considered submissions 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 writ petition deserves to be allowed.Â

6.

Accordingly, the writ petition is allowed. First Information Report dated 06.04.2017 registered as Case Crime No.72 of 2017 for the offences

punishable under sections 420, 467, 468, 471 & 120 IPC, at P.S. Raipur, District Dehradun, is hereby quashed, so far petitioners are concerned.Â

7.

Compounding application is, accordingly, disposed of.Â