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Vikas Kumar And Mohd. Iqbal vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 8 April 2022 · Citation: (2022) 04 UK CK 0033

HON’BLE JUDGES
Alok Kumar Verma, J
RESULT
Disposed Of
CASE NUMBER
Criminal Writ Petition No. 175 Of 2022

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Judgment

12 paragraphs · 375 words

Alok Kumar Verma, J

1.

This Criminal Writ Petition has been filed under Article 226 of the Constitution of India to quash the impugned First Information Report No.534 of 2021, registered with Police Station Kashipur, District Udham Singh Nagar for the offence under Section 420 of the IPC.

2.

Mr. Darshan Lal Mehra, the informant and Subham Mehra, the victim, respondent no.3 and respondent no.4, are present in-person before the Court. They are identified by Mr. P.C. Petshali, Advocate.

3.

The petitioner – accused persons namely, Vikas Kumar, the petitioner no.1 and Mohd. Iqbal, the petitioner no.2, are present in-person before the Court. They are identified by Mr. Kaushal Sah Jagati, Advocate.

4.

Heard Mr. Kaushal Sah Jagati, learned counsel for the petitioners, Mr. Pratiroop Pandey, learned AGA for the State and Mr. P.C. Petshali, learned counsel for the respondent nos.3 and 4/informant/victim.

5.

The learned counsel for the State submitted that both the petitioners are wanted in this matter.

6.

The private respondent nos.3 and 4 and the petitioners submitted that they have resolved their private disputes and they have filed a joint Compounding Application (IA No.01 of 2022) along with affidavits with their free will and without any pressure.

7.

The respondent nos.3 and 4 further submitted that they do not want to proceed with the impugned First Information Report against the petitioners.

8.

Mr. Pratiroop Pandey, learned AGA for the State submitted that there were private disputes between the petitioners and the respondent nos.3 and 4 and they have resolved their disputes. Therefore, the State has no objection.

9.

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.534 of 2021, registered with Police Station Kashipur, District Udham Singh Nagar for the offence under Section 420 of the IPC, is quashed, qua the petitioners Vikas Kumar and Mohd. Iqbal.

10.

Resultantly, the impugned First Information Report No.534 of 2021, registered with Police Station Kashipur, District Udham Singh Nagar for the offence under Section 420 of the IPC, is quashed qua the petitioners Vikas Kumar and Mohd. Iqbal.

11.

The Criminal Writ Petition No.175 of 2022 is disposed of accordingly.