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High CourtsSingle Bench(2018) 04 UK CK 0095

SAURABH SHARMA AND OTHERS vs STATE OF UTTARAKHAND AND OTHERS

Uttarakhand High Court · Decided on 27 April 2018

HON’BLE JUDGES
V.K. BIST, J
RESULT
Allowed
CASE NUMBER
Writ Petition (Crl.) No. 384 of 2018 with CLMA No. 5204 of 2018 (Compounding Application)
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Judgment

20 paragraphs · 398 words
1.

This petition has been filed by the petitioners for quashing the F.I.R. dated 08.03.2018, bearing F.I.R. No. 170 of 2018, under Section 323, 504, 506

& 452 I.P.C., registered at Police Station Kashipur, District Udham Singh Nagar. Alongwith this writ petition, joint compounding application has also

been filed by the parties. In support of compounding application, affidavits have been filed by Mr. Yogesh Kumar Agrawal (respondent no. 3) and

Mr. Harsh Kumar Agarwal (injured). It is submitted by the learned counsel for the parties that the parties have entered into the compromise and

the matter has been amicably settled between them and the respondent no. 3 does not want to press his case filed against the petitioners. It is

prayed that the offences punishable under Section 323, 504, 506 & 452 I.P.C., arising out of F.I.R. dated 08.03.2018, bearing F.I.R. No. 170 of 2018,

registered at Police Station Kashipur, District Udham Singh Nagar, may be compounded and the entire proceedings of the said F.I.R. may be

quashed.Â

2.

Petitioners and respondent no. 3 are present in the Court today and they are duly identified by their respective counsel. Â

3.

Learned counsel for the respondent no. 3 submitted that dispute between the parties have now been settled amicably and they are left with no

grudges and, now, they want to live peacefully in future. Â

4.

In view of the principle of law laid down by Hon’ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC

303 as well as in Transfer Petition (Criminal) No. 115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, criminal

proceedings can be quashed by this Court, if this Court is satisfied that matter has been settled between the parties amicably and parties are interested

to restore peace and harmony between them.Â

5.

Having considered submission of learned counsel for the parties and after going through the entire material available on record, I am satisfied that

the matter has been settled between the parties amicably. Therefore, the writ petition deserves to be allowed.Â

6.

Accordingly, the writ petition is allowed. Impugned F.I.R. dated 08.03.2018, registered as F.I.R. No. 170 of 2018, under Section 323, 504, 506 &

452 I.P.C., registered at Police Station Kashipur, District Udham Singh Nagar, is hereby quashed. Â

7.

Compounding application is, accordingly, disposed of.Â