Murslin And Others vs State Of Uttarakhand And Others

Alok Kumar Verma, J

These two Criminal Writ Petitions have been filed under Article 226 of the Constitution of India to issue a writ of certiorari to quash the impugned First Information Report No.0520 of 2021, registered with Police Station Bhagwanpur, District Haridwar for the offence under Sections 389, 323, 120-B of IPC.

Heard Mr. Tapan Singh, learned counsel for the petitioners, Mr. Pramod Tiwari, Brief Holder for the State/respondent nos.1 and 2 and Ms. Shaifali Singh, learned counsel for the informant/ respondent no.3.

Mr. Ankit Kumar, the respondent no.3, Mr. Ashvani and Mr. Anil, the victims, are present in person before the Court. They are identified by Ms. Shaifali Singh, Advocate.

The petitioner, namely, Murslin, Abrar and Gulab, are present in person before this Court. They are identified by Mr. Tapan Singh, Advocate.

The respondent no.3, Ashvani, Anil and all the petitioners submitted that there were some private disputes and they have resolved the said disputes. The respondent no.3, Ankit Kumar and the victims, namely, Ashvani and Anil submitted that they do not want to proceed with the impugned FIR against all the petitioners.

The petitioners, the respondent no.3 and both the victims further submitted that they have filed Joint Compounding Applications along with affidavits with their free will and without any pressure.

The learned counsel for the State submitted that there were private disputes between the petitioners, respondent no.3 and both the victims and the said disputes have been resolved by them. Therefore, the State has no objection.

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 First Information Report No.0520 of 2021, registered with Police Station Bhagwanpur, District Haridwar for the offence under Sections 389, 323, 120-B of IPC, is quashed.

Resultantly, the impugned First Information Report No.0520 of 2021, registered with Police Station Bhagwanpur, District Haridwar for the offence under Sections 389, 323, 120-B of IPC, is hereby quashed.

The Criminal Writ Petition Nos.1519 of 2021 and 613 of 2022 stand disposed of, accordingly.