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Sumit Gaba Alias Monu Gaba vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 9 May 2022 · Citation: (2022) 05 UK CK 0022

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 323, 325, 504, 506 · Constitution Of India, 1950 — Article 226
RESULT
Disposed Of
CASE NUMBER
Criminal Writ Petition No. 782 Of 2022
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Judgment

10 paragraphs · 342 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.254 of 2022, registered with Police Station Rudrapur, District Udham Singh Nagar for the offence under Sections 323, 325, 504 and 506 of the IPC.

2.

The respondent no.3 – Surendra Pal Singh, the informant/victim is present in-person before this Court and he is identified by Mr. B.S. Koranga, Advocate.

3.

The petitioner – accused Sumit Gaba Alias Monu Gaba is present in-person before this Court and he is identified by Mr. Devendra Singh Mehra, learned counsel holding brief of Mr. Vikas Kumar Guglani, Advocate.

4.

Heard Mr. Devendra Singh Mehra, learned counsel holding brief of Mr. Vikas Kumar Guglani, learned counsel for the petitioner, Mr. T.C. Agarwal, learned Deputy Advocate General for the State and Mr. B.S. Koranga, learned counsel for the respondent no.3/informant/victim.

5.

The respondent no.3 and the petitioner submitted that they have resolved their private disputes. The respondent no.3 – Surendra Pal Singh submitted that he does not want to proceed with the impugned First Information Report. The petitioner and the respondent no.3 further submitted that they have filed a joint Compounding Application (IA No.02 of 2022) along with affidavits with their free will and without any pressure.

6.

The learned counsel for 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.254 of 2022, registered with Police Station Rudrapur, District Udham Singh Nagar for the offence under Sections 323, 325, 504 and 506 of the IPC, is quashed.

8.

Resultantly, the impugned First Information Report No.254 of 2022, registered with Police Station Rudrapur, District Udham Singh Nagar for the offence under Sections 323, 325, 504 and 506 of the IPC, is hereby quashed.

9.

The Criminal Writ Petition No.782 of 2022 is disposed of, accordingly.