Sunny Nahar 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 First Information Report No.0159 of 2021, registered with Police Station Clementown, District Dehradun for the offence under Sections 420, 467, 468 and 471 of I.P.C.

Heard Mr. Karan Anand, the learned counsel for the petitioner, Mr. Pratiroop Pandey, the learned A.G.A. for the State and Mr. Ravi Bisht, the learned counsel for the respondent nos.4 to 10.

The informant/victim Dheeraj Kumar Gurang, and six other victims namely, Anup Kumar Thapa, Vikas Chetri, Ashok Thapa, Rajesh Thapa, Krishna Gurung and Rajendra Thapa are present in person before the Court. They are identified by Mr. Ravi Bisht, Advocate

Mr. Sunny Nahar, the petitioner, is present in person before the Court and he is identified by Mr. Karan Anand, Advocate.

All the victims/private respondents and the petitioner submitted that they have resolved their private dispute and they are living in peace. All the victims/respondent nos. 4 to 10 further submitted that they do not want to proceed with the impugned First Information Report. The private respondents and the petitioner further submitted that they have filed a joint compounding application along with the affidavits with their free will and without any pressure.

Learned counsel for the State submits that the private respondent nos. 4 to 10 and the petitioner have resolved their private disputes. Therefore, the State has no objection.

Though, this Court would normally be hesitant to quash the First Information Report, lodged under the said sections, it is noticed that there is no dispute between the parties and they are living in peace and harmony.

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. 0159 of 2021, registered with Police Station Clementown, District Dehradun for the offence under Sections 420, 467, 468 and 471 of I.P.C, is quashed.

Resultantly, the impugned First Information Report No. 0159 of 2021, registered with Police Station Clementown, District Dehradun for the offence under Sections 420, 467, 468 and 471 of I.P.C. is hereby quashed.

The Criminal Writ Petition No. 612 of 2022 is disposed of, accordingly.

Compounding Application No. 01 of 2022 stands disposed of accordingly.