Rakhi Giri Goswami And Others vs State Of Uttarakhand And Another

Ravindra Maithani, J

Instant petition under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been preferred by the petitioners to quash the charge sheet dated 01 of 2024 dated 16.05.2024, under Section 406, 420, 467, 468, 471 & 120B IPC in FIR No. 326 of 2022, dated 04.07.2022, Police Station Ranipur, District Haridwar as well as summoning order dated 05.06.2024 passed in Criminal Case No. 7794 of 2024 (Old No. 582 of 2024), State Vs. Gopal Giri Goswami and others, by the court of 1st Judicial Magistrate, District Haridwar (“the case”), as well as the entire proceedings of the case on the basis of amicable settlement between the parties. A Compounding Application No. 1 of 2024 has been filed alongwith the affidavit of the parties.

Heard learned counsel for the parties and perused the record.

According to the FIR lodged by the respondent no.2, the petitioner no. 2 was her tenant, who subsequently forged an agreement to sale and threatened that he will not vacate the flat.

Learned counsel for the parties would submit that the parties have settled the dispute amicably and they do not want to proceed with the case now.

The petitioner Nos.1 and 3 are present in person before this Court and petitioner no.2 joined the proceedings through video conferencing from District Jail Haridwar duly identified by their counsel. Respondent no.2 Smt. Bula Bose @ Bula Dey, the informant is also present in person before this Court duly identified her counsel. They have verified the compromise.

The Court particularly asked the informant. She would submit that she has settled the dispute amicably with the petitioners; she has got possession of her house. It is enough for her; now, she does not want to proceed with the case.

Having considered all the attending factors, this Court is of the view that it is a case which may be decided on the basis of amicable settlement between the parties. Accordingly, the petition deserves to be allowed.

Accordingly, the instant petition is allowed. Charge sheet dated 01 of 2024 dated 16.05.2024, summoning order dated 05.06.2024 as well as the entire proceedings of the case are hereby quashed.

The petitioner no.2 Gopal Giri Goswami is in jail. Let he be released forthwith if not wanted in any other case.

Compounding Application No. 1 of 2024 stands disposed of accordingly.