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2018 DIGILAW 184 (UTT)

Sahil v. State of Uttarakhand

2018-04-09

V.K.BIST

body2018
JUDGMENT : V.K. Bist, J. Present petition has been filed by the petitioners for quashing the impugned FIR dated 03.03.2018 registered as FIR/Case Crime No.09 of 2018, for the offences punishable under Sections 427, 504, 506 of IPC registered at Police Station-Laxman Jhula, District Pauri Garhwal against the petitioners on the ground that the dispute has already been amicably settled between the parties and the offence has been compounded. Alongwith the petition, compounding application has been filed by the petitioners and respondent nos.3 & 4. In support of compounding application, joint compromise affidavits have been filed by Mr. Sahil Verma, petitioner no.1 alongwith other petitioners and Mr. Nitin Gupta (respondent no.3), Mr. Pradeep (respondent no.4). In the compounding application, it is stated by respondent nos.3 & 4 that dispute between them and the petitioners has been settled. It is stated that respondent nos.3 & 4 has no grievance remain from the petitioners and, as such the matter between the respondent nos.3 & 4 and the petitioners has been settled amicably and the respondent nos.3 & 4 do not wish to carry the criminal litigation against the petitioners for the offences punishable under Sections 427, 504, 506 of I.P.C. 2. It is prayed that the F.I.R. dated 03.03.2018 registered as FIR/Case Crime No.09 of 2018 for the offences punishable under sections 427, 504, 506 of I.P.C. registered at P.S. Laxman Jhula, District Pauri Garhwal, may be quashed, so far petitioners are concerned. 3. Parties are present in the Court today and they are duly identified by their respective counsel. They admit the compromise. 4. 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 Court is satisfied that matter has been settled between the parties amicably and parties are interested to restore peace and harmony between them. 5. Having considered 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 settled between the parties amicably. Therefore, the writ petition deserves to be allowed. 6. Accordingly, the writ petition is allowed. 5. Having considered 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 settled between the parties amicably. Therefore, the writ petition deserves to be allowed. 6. Accordingly, the writ petition is allowed. First Information Report dated F.I.R. dated 03.03.2018 registered as FIR/Case Crime No.09 of 2018 for the offences punishable under sections 427, 504, 506 of I.P.C. registered at P.S. Laxman Jhula, District Pauri Garhwal, is hereby quashed, so far petitioners are concerned. 7. Compounding application is, accordingly, disposed of.