Sunil vs State Of Uttarakhand And Others

N.S. Dhanik, J

The present criminal writ petition has been filed by the petitioner seeking the following reliefs:

(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report lodged by respondent no. 3 on 10.12.2020

registered as FIR No. 0043 of 2020, punishable under Section 420 IPC & Section 66-D of the Information Technology Act at PS Kanda Chowki

Kamedi Devi, District Bageshwar, so far as it relates to the petitioner (contained as annexure no. 1 to the writ petition).

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent nos. 1 & 2 not to arrest the petitioner and not to take any

coercive steps against petitioner in pursuance to the First Information Report lodged by respondent no. 3 on 10.12.2020 registered as FIR No. 0043 of

2020 punishable under Section 420 IPC & Section 66 D of Information Technology Act, PS Kanda Chowki Kamedi Devi, District Bageshwar, so far

as it relates to the petitioner (contained as Annexure No. 1 to the writ petition).

Now, parties have filed the joint compounding application stating therein that they have entered into compromise and amicably settled their dispute

and now the respondent no. 3 does not have any grievance with the petitioner. In support of compounding application, affidavits have been filed by the

petitioner and respondent no. 3.

It is submitted that petitioner is in jail and as such the petitioner from jail has authorized in writing to Mr. Sher Singh (father of the petitioner) for

doing pairvi on his behalf.

Sher Singh (Father of the petitioner) and respondent no. 3/complainant (Ganesh Singh) are present before this Court today, duly identified by their

respective counsels. They admit the settlement.

Compounding application bears the signatures/thumb impressions of the petitioner and respondent no. 3. It has been further stated by the parties

that now they have amicably settled their dispute. Therefore, learned Counsel for the parties have submitted that the impugned FIR be quashed in

terms of the compromise.

Learned State Counsel orally opposed the compounding application.

Learned counsel for the petitioner placed reliance upon the judgments of the Hon’ble Apex Court in Gian Singh v. State of Punjab & Another,

(2012) 10 SCC 303 B.S. Joshi, (2003) 4 SCC 675; Nikhil Merchant, (2008) 9 SCC 677; and Manoj Sharma, (2008) 16 SCC.

Considering the facts and circumstances of the case and in view of the legal proposition propounded by the Hon’ble Apex Court, the

compounding application is allowed. Compromise arrived at between the parties is accepted. Impugned FIR No. 0043 of 2020, under Sections 420

IPC & Section 66-D of Information Technology Act, PS Kanda Chowki Kamedi Devi, District Bageshwar is quashed in terms of the compromise qua

the petitioner only. Inform the court concerned accordingly.

Criminal writ petition stands disposed of accordingly.