Vibhu Tiwari vs State of Uttarakhand and others

Lok Pal Singh, J.

Heard.

Petitioner has approached this Court seeking the following reliefs:

“(i) Issue a writ in the nature of certiorari quashing the impugned F.I.R. dated 05.11.2017 u/s 498-A, 323, 504 and 506 of IPC and Section 3/4 of

D.P. Act lodged at P.S. Basant Vihar, Dehradun, District Dehradun, by compounding the aforesaid offences on the basis of compromise between

petitioner and respondent no.3.â€​

Learned Assistant Government Advocate would submit that charge sheet has been filed against the petitioner in the matter and present writ petition

has become infructuous. Contrary to this, learned counsel for the private parties would submit that although in the matter charge sheet was filed by the

I.O. against the present petitioner but on the application of respondent no.3, further investigation was carried out, which is still pending. Specific

pleading to this effect has been made by learned counsel for the petitioner in para-2 of the writ petition.

A compounding application being CRMA No.1216 of 2018 has been filed on behalf of the parties with a prayer that the parties have settled their

dispute amicably. Petitioner Vibhu Tiwari and respondent no.3 Smt. Nikita Sharma are present in person, duly identified by their counsel Mr. Ashutosh

Thakral and Mr. Mukesh Rawat, respectively. The Court had an interaction with the parties. Before the Court, complainant/respondent no.3 stated

that she has no grievance left against the petitioner and she is not interested in prosecuting the petitioners, inasmuch as, the dispute has been amicably

settled between them. Petitioner and respondent no.3 have filed their separate affidavits alongwith the compounding application to affirm what is

stated in the compounding application.

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.

Having considered the submissions of learned counsel for the parties and after going through the entire material available on record, I am satisfied

that the matter has been amicably settled between the parties and no useful purpose would be served by continuing the prosecution, as such the

petition is liable to be allowed.

In view of the above, compounding application is allowed. Consequently, impugned F.I.R. dated 05.11.2017 u/s 498-A, 323, 504 and 506 of IPC and

Section 3/4 of D.P. Act registered at P.S. Basant Vihar, Dehradun, District Dehradun, is hereby quashed, on the basis of compromise arrived at

between the parties.

Writ petition stands disposed of as above.