High CourtsSingle Bench

Rohit Bhargav vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 11 June 2021 · Citation: (2021) 06 UK CK 0018

HON’BLE JUDGES
N.S. Dhanik, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 420, 504, 506
RESULT
Disposed Of
CASE NUMBER
Criminal Writ Petition No. 779 Of 2021
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Judgment

21 paragraphs · 347 words

N.S. Dhanik, J

1.

The present criminal writ petition has been filed by the petitioner seeking the following reliefs:

(i) Issue a writ, order or direction quashing the impugned FIR dated 27.01.2021, registered as FIR No. 18 of 2021, under Sections 420, 504 & 506 at

P.S. Doiwala, District Dehradun.

(ii) Issue a writ, order or direction in the nature of mandamus directing/commanding the respondent nos. 1 & 2 not to arrest the petitioner till the

pendency of the present writ petition.

2.

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 (IA No. 2/2021), affidavits have

been filed by the petitioner and respondent no.3.

3.

Petitioner (Rohit Bhargav) and respondent no. 3/complainant (Baisakhu Ram Raturi) are present before this Court through video conferencing, duly

identified by their respective counsels. They admit the settlement.

4.

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.

5.

Learned State Counsel has no objection to the compounding application.

6.

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.

7.

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 27.01.2021, registered as FIR No.

18 of 2021, under Sections 420, 504 & 506 IPC at P.S. Doiwala, District Dehradun is quashed in terms of the compromise qua the petitioner only.

8.

Writ Petition is disposed of.