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2018 DIGILAW 423 (UTT)

ANIL GHOLIYA v. STATE OF UTTARAKHAND

2018-08-14

LOK PAL SINGH

body2018
JUDGMENT Hon'ble Lok Pal Singh, J. This writ petition has been filed for the following reliefs, among others: i) Issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 18.06.2018 registered as F.I.R. No.123 of 2018 under Section 307 of IPC Police Station Ramnagar District Nainital. ii) Issue an appropriate order or direction for releasing who are languishing in jail in F.I.R. No.123 of 2018 u/s 307 of IPC Police Station Ramnagar District Nainital. 2. A compounding application being CRMA No.12017 of 2018 has been filed on behalf of the parties with a prayer to compound the offence, inasmuch as, the parties have buried their differences and have settled their dispute amicably and have entered into a compromise. Petitioners as well as respondent nos.3 and 4 have filed their separate affidavits along with the compounding application to affirm what is stated in the compounding application. Respondent nos.3 and 4 are present in person before the Court duly identified by their counsel Mr. N.S. Kanyal. 3. It is contended by learned counsel for the petitioners that the injuries sustained by the petitioner were not dangerous to life, hence, no case u/s 307 is made out against the petitioner. 4. Considering the submissions of learned counsel for the petitioner and after going through the medical report, in my considered view, no offence under Section 307 of IPC is made out against the petitioners. However, in the opinion of Court, offence u/s 323 of IPC is made out against the petitioner, which is a compoundable offence, and this Court is satisfied that the parties have entered into a compromise and the complainant and injured do not want to prosecute the petitioners now. 5. In the light of aforesaid, writ petition is allowed. Impugned FIR dated 18.06.2018 registered as F.I.R. No.123 of 2018 under Section 307 of IPC Police Station Ramnagar District Nainital, is hereby quashed, qua the petitioners only, on the basis of compromise arrived at between the parties. As the FIR has been quashed, let the petitioners be forthwith released from jail, if not wanted in any other case. 6. Compounding application CLMA No.12017 of 2018 stands disposed of accordingly.