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2018 DIGILAW 84 (UTT)

Rahat Ali v. State of Uttarakhand

2018-03-07

V.K.BIST

body2018
JUDGMENT : 1. This petition has been filed by the petitioners for quashing the F.I.R. dated 17.07.2017, bearing Case Crime No. 160 of 2017, under Section 420, 120-B and 506 I.P.C. registered at Police Station Bahadarabad, District Haridwar. Alongwith this writ petition, compounding application has also been filed by the petitioners. In support of compounding application, affidavits have been filed by Mr. Wazid Ali Khan (petitioner no. 7) and Mr. Narendra (respondent no. 3). It is submitted by the learned counsel for the parties that the parties have entered into the compromise and the matter has been amicably settled between them and the respondent no. 3 does not want to press his case filed against the petitioners. It is prayed that the offences punishable under Section 420, 120-B and 506 I.P.C. arising out of F.I.R. dated 17.07.2017, bearing Case Crime No. 160 of 2017, registered at Police Station Bahadarabad, District Haridwar, may be compounded and the entire proceedings of the said F.I.R. may be quashed. 2. Petitioners and respondent no. 3 are present in the Court today and they are duly identified by their respective counsel. 3. Learned counsel for the respondent no. 3 submitted that dispute between the parties have now been settled amicably and they are left with no grudges and, now, they want to live peacefully in future. 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, 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. 5. Having considered submission 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. Impugned F.I.R. dated 17.07.2017, bearing Case Crime No. 160 of 2017, under Section 420, 120-B and 506 I.P.C. registered at Police Station Bahadarabad, District Haridwar, is hereby quashed. 7. Compounding application is, accordingly, disposed of.