Shankar Vishwas Alias Shankar Chakrawarti & Others vs State Of Uttarakhand And Others

Alok Kumar Verma, J

This Criminal Writ Petition has been filed under Article 226 of the Constitution of India to quash the impugned First Information Report No.354 of 2021, registered with Police Station Rudrapur, District Udham Singh Nagar for the offence under Sections 323, 392 and 427 of the IPC.

The respondent no.4, Subhash alias Subhash Singh Yadav, the informant and the victim, is present in-person before this Court. He is identified by Mr. Shailabh Pandey, Advocate.

The petitioner no.1 Shankar Vishwas alias Shankar Chakrawarti is present in-person before this Court. He is identified by Mr. Harshpal Sekhon, Advocate.

Heard Mr. Harshpal Sekhon, learned counsel for the petitioners, Mr. Shubhash Tyagi Bharadwaj, learned Deputy Advocate General for the State and Mr. Shailabh Pandey, learned counsel for the respondent no.4/informant/victim.

It is admitted fact between the parties that no injury was found on the stomach of the victim.

The respondent no.4 and the petitioners submitted that there were private disputes between them and the said disputes have been resolved by them.

The respondent no.4, Subhash alias Subhash Singh Yadav, submitted that he does not want to proceed against the petitioner no.1 Shankar Vishwas alias Shankar Chakrawarti and the petitioner no.2 Vinod alias Vinod Kumar with the impugned First Information Report. The respondent no.4 and the petitioners submitted that they have filed a joint Compounding Application (IA No.01 of 2021) along with affidavits with their free will and without any pressure.

The learned counsel appearing for the State submitted that there were private disputes between the petitioners and the respondent no.4 and the said private disputes have been resolved. Therefore, the State has no objection.

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 impugned First Information Report No.354 of 2021, registered with Police Station Rudrapur, District Udham Singh Nagar for the offence under Sections 323, 392 and 427 of the IPC, is quashed, qua the petitioners Shankar Vishwas alias Shankar Chakrawarti and Vinod alias Vinod Kumar.

Resultantly, the impugned First Information Report No.354 of 2021, registered with Police Station Rudrapur, District Udham Singh Nagar for the offence under Sections 323, 392 and 427 of the IPC, is quashed, qua the petitioners Shankar Vishwas alias Shankar Chakrawarti and Vinod alias Vinod Kumar.

The Criminal Writ Petition No.2328 of 2021 is disposed of accordingly.