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Judgment
10 paragraphs · 331 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 in the nature of certiorari quashing the impugned FIR dated 29.08.2021 arising out of FIR No. 327 of 2021 under Section 506 IPC, Police Station Kashipur, District Udham Singh Nagar.
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 petitioner. In support of compounding application, affidavits have been filed by the petitioner and respondent no. 3.
Petitioner (Rajat Siddhu) and respondent no. 3/complainant (Vipul Sharma @ Vipul Chaudhary) are present in the Court today, duly identified by their respective counsel. They admitted the settlement.
Compounding application bears the signatures/thumb impressions of the petitioner 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 opposed the compounding application by contending that Section 506 IPC is non-compoundable.
Learned counsel for the petitioner 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 29.08.2021 arising out of FIR No. 327 of 2021 under Section 506 IPC, Police Station Kashipur, District Udham Singh Nagar is quashed in terms of the compromise qua the petitioner only. Inform the court concerned accordingly.
Criminal writ petition stands disposed of accordingly.