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Saurabh Agarwal vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 8 May 2025 · Citation: (2025) 05 UK CK 0710

HON’BLE JUDGES
Pankaj Purohit, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 420 · Constitution Of India, 1950 — Article 226
RESULT
Allowed
CASE NUMBER
Writ Petition Criminal No. 442 Of 2025
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Judgment

9 paragraphs · 325 words

Pankaj Purohit, J

1.

The present writ petition has been filed under Article 226 of the Constitution of India, whereby petitioner has put to challenge F.I.R. No.0091 of 2025 dated 04.03.2025, under Section 420 of IPC registered at Police Station Kashipur, District Udham Singh Nagar, on the ground that parties have entered into an amicable settlement and they want to put this matter to rest.

2.

A joint compounding application has been moved on behalf of the parties seeking to compound offences under the aforesaid section.

3.

Petitioner as well as respondent no.3 are present before this Court, who are duly identified by their respective counsel.

4.

The ground for seeking compounding of offences is that parties have reached to the terms of compromise wherefor a settlement has also reached between them. It is thus, prayed that the present proceedings between the parties may be quashed in terms of the compromise arrived at between the parties.

5.

Per contra, learned counsel for the State has formally objected to the compounding application in view of offence in the present case.

6.

Having considered the submissions made by learned counsel for the parties, this Court is of the opinion that since the parties have reached to the terms of the compromise, there would remain a remote or bleak possibility of conviction in this case. It can also safely be inferred that it would be unfair or contrary to the interest of justice to permit continuation of the criminal proceedings. Since the answer to the aforesaid points is in affirmative, this Court finds it a fit case to permit the parties to compound the matter.

7.

Compounding Application (IA No.1 of 2025) is allowed.

8.

Accordingly, writ petition stands allowed. The impugned F.I.R. No.0091 of 2025 dated 04.03.2025, under Section 420 of IPC registered at Police Station Kashipur, District Udham Singh Nagar is hereby quashed. All subsequent proceedings, pursuant to impugned F.I.R., against the petitioner also stand quashed.