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Sanjay Prasad Alias Annu vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 4 May 2022 · Citation: (2022) 05 UK CK 0001

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 323, 354, 504 · Constitution Of India, 1950 — Article 226
RESULT
Disposed Of
CASE NUMBER
Criminal Writ Petition No. 813 Of 2022
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Judgment

10 paragraphs · 334 words

Alok Kumar Verma, J

1.

This Criminal Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ of certiorari to quash the impugned First Information Report No.78 of 2021, registered with Police Station Mallital, District Nainital for the offence under Sections 323, 504 & 354 of IPC.

2.

Heard Mr. Mahavir Prasad Kohli, the learned counsel for the petitioner, Mr. Pratiroop Pandey, the learned AGA for the State/respondent nos.1 and 2 and Mr. Prabhakar Narayan, the learned counsel for the respondent no.3.

3.

Mr. Sanjay Prasad, the petitioner-accused is present before the Court and he is identified by Mr. Mahavir Prasad Kohli, Advocate.

4.

Mr. Mohd. Ayyub, the respondent no.3, informant/victim and Smt. Farha Khan, the victim, are present before the Court and they are identified by Mr. Prabhakar Narayan, Advocate.

5.

The respondent no.3, Mohd. Ayyub, Smt. Farha Khan and Mr. Sanjay Prasad alias Annu submitted that there were private disputes between them and they have resolved their disputes. The respondent no.3, Mr. Mohd. Ayyub and Smt. Farha Khan further submitted that they do not want to proceed with the impugned First Information Report. The petitioner, the respondent no.3 and Smt. Farha Khan submitted that they have filed a Joint Compounding Application along with affidavits with their free will and without any pressure.

6.

The learned counsel for the State submitted that the State has no objection.

7.

Keeping in view of the totality of the facts and circumstances of the case, this Court is of the view that ends of justice would be met, if the First Information Report No.78 of 2021, registered with Police Station Mallital, District Nainital for the offence under Sections 323, 504 & 354 of IPC, is quashed.

8.

Resultantly, the impugned First Information Report No.78 of 2021, registered with Police Station Mallital, District Nainital for the offence under Sections 323, 504 & 354 of IPC, is hereby quashed.

9.

The Criminal Writ Petition No.813 of 2022 stands disposed of, accordingly.