RAKESH KUMAR AND THREE OTHERS vs STATE OF UTTARAKHAND AND OTHERS

The writ petitioners, by means of present Writ Petition, seek to quash the impugned FIR dated 02.04.2016 being Case Crime No. 183 of 2016, under Sections 420, 467, 468, 471, 448, 511 and 120B of IPC, lodged by respondent no. 3 at PS Kotwali Nagar, District Haridewar (Annexure No.1).

A first information report was lodged by respondent no. 3 against the writ petitioners for the offences punishable under Sections 420, 467, 468, 471, 448, 511 and 120B of IPC. Compounding application being CRMA No. 2146 of 2017 has been filed by the parties to indicate that they have buried their differences and have settled their disputes amicably. Complainant Vijay Kumar Aggarwal is present in person before this Court, duly identified by her counsel Mr. Shailendera Nauriyal, Advocate. All the petitioners are also present in person, duly identified by their counsel Mr. Rajat Mittal, Advocate. Victim Vijay Kumar Aggarwal submitted before this Court that he has no grievance left against the writ petitioners and he is no more interested in prosecuting the petitioners, in as much as, the dispute has been settled amicably between the parties with the intervention of some elderly persons of the society. In other words, respondent no. 3 (the person aggrieved) has exonerated the present petitioners.

Most of the offences complained of against the petitioners are non-compoundable offences within the Scheme of Section 320 Cr. P.C. The question which arises for consideration of this Court is- Rakesh Kumar And Others vs State Of Uttarakhand And Others on 8 March, 2017