Munfait & others vs State of Uttarakhand & Others

LOK PAL SINGH, J.

This petition has been filed by the petitioners for quashing the F.I.R. dated 17.12.2017, bearing case crime No. 293 of 2017, under Sections 147,

452, 354, 504, 506, 323, 325 of I.P.C., registered at Police Station Pathri District Haridwar. Alongwith this writ petition, a joint compounding

application has also been filed by the parties. In support of compounding application, affidavits have been filed by Mr. Munfait (petitioner no. 1), Mr.

Ayyub (respondent no. 3), Mr. Shaukeen (respondent no. 4), Mr. Khursheed (respondent no. 5), Mr. Nafees respondent no. 6), Mr. Jamshed

(respondent no. 7) and Mr. Shakeela (respondent no. 8). It is submitted by the learned counsel for the parties that the parties have entered into the

compromise and the matter has been amicably settled between them as all the accused and complainant are co-relatives and the respondent no. 3

does not want to press his case filed against the petitioners. It is prayed that the offences punishable under Sections 147, 452, 354, 504, 506, 323, 325

of I.P.C., arising out of F.I.R. dated 17.12.2017, bearing case crime No. 293 of 2017, registered at Pathri District Haridwar, may be compounded and

the entire proceedings of the said F.I.R. may be quashed.

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

Learned counsel for the respondent no. 3 submitted that dispute between the parties has now been settled amicably and they are left with no

grudges and, now, they want to live peacefully in future.

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

to restore peace and harmony between them.

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 writ petition deserves to be allowed.

Accordingly, the writ petition is allowed. Impugned F.I.R. dated 17.12.2017, bearing F.I.R. No. 293 of 2017, under Sections 147, 452,

354,504,506,323,325 of I.P.C., registered at Police Pathri District Haridwar, is hereby quashed.

Compounding application (CLMA No. 9275 of 2018) is, accordingly, disposed of.