Rampreet vs State Of Uttarakhand & Others

Ravindra Maithani, J

The instant writ petition under Article 226 of the Constitution of India has been filed by the petitioner for quashing the impugned FIR No. 0010 of 2019 dated 05.01.2019 under Section 420, 406, 323, 504 & 506 I.P.C., Police Station Rishikesh, District Dehradun.

Heard learned counsel for the petitioner, learned counsel for the State and perused the record.

According to the FIR, though agreement to sale was executed but subsequently, sale deed was not executed and money advanced not returned.

Today, it is informed by learned counsel for the parties that the parties have amicably settled the dispute. A joint compounding application has been filed, which is supported by the affidavits of the petitioner and the respondent no.3. Petitioner Sri Rampreet is present in person before this Court duly identified with his counsel Mr. B.M. Pingal and respondent No.3 Sri Rajesh Kumar Sahani is also present in person before this Court duly identified by his counsel Mr. Mani Kumar. Both the parties have stated that they have amicably settled the dispute.

The dispute arises out from some transaction with regard to the purchase of land which eventually could not be materialized. The petitioner and the respondent no.3 are said to have been neighbours and they are living in harmony now.

In view of the principle of law as laid down in the case of Gian Singh Vs. State of Punjab and Another, (2012) 10 SCC 30, this court is of the view that on the basis of amicable settlement between the parties, proceedings may be quashed.

Accordingly, the writ petition is allowed. Impugned FIR No. 0010 of 2019 dated 05.01.2019 under Section 420, 406, 323, 504 & 506 I.P.C., Police Station Rishikesh, District Dehradun is hereby quashed qua the petitioner.

Compounding Application being CLMA No.5976 of 2019 stands disposed of accordingly.