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SUMIT CHAUDHARY AND ANOTHER vs STATE OF UTTARAKHAND AND OTHERS

Uttarakhand High Court · Decided on 19 April 2018 · Citation: (2018) 04 UK CK 0071

HON’BLE JUDGES
V.K. BIST, J
RESULT
Allowed
CASE NUMBER
Compounding Application No. 4966 of 2018 In Criminal Writ Petition No. 397 of 2018
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Judgment

22 paragraphs · 413 words
1.

Heard learned counsel for the parties.

2.

The present petition has been filed by the petitioners for quashing the impugned First Information Report dated 22.08.2017, registered as F.I.R. No.

491 of 2017, under Sections 420, 323, 504, 506 of I.P.C., registered at Police Station Rudrapur, District Udham Singh Nagar. Along with the writ

petition, joint compounding applications have also been filed. In support of compounding application, affidavits have been filed by petitioner no. 1

(Sumit Chaudhary), respondent no. 3 (Prempal) and respondent no. 4 (Pramod). It is stated in the affidavit filed by the respondent nos. 3 and 4 that

the dispute between the parties has been settled outside the Court and the respondent nos. 3 & 4 have no grievance from the petitioners and as such

the matter between the parties have been settled and the respondent nos. 3 & 4 does not wish to carry the criminal litigation against the petitioners.Â

3.

It is prayed that the offences punishable under Sections 420, 323, 504, 506 of I.P.C., arising out of F.I.R. No. 491 of 2017 may be compounded and

the entire proceedings of F.I.R. dated 22.08.2017, registered under Section 420, 323, 504, 506 of I.P.C., at Police Station Rudrapur, District Udham

Singh Nagar may be quashed.  Â

4.

Parties are present in the Court today and are duly identified by their respective counsel. It is stated that parties have settled the dispute

amicably.Â

5.

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.

6.

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.

7.

Accordingly, the writ petition is allowed. Impugned F.I.R. dated 22.08.2017, registered as F.I.R. No. 491 of 2017, under Section 420, 323, 504, 506

of I.P.C, registered at Police Station Rudrapur, District Udham Singh Nagar, is hereby quashed qua the petitioners. Â

8.

Compounding application is, accordingly, disposed of.

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