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2018 DIGILAW 90 (UTT)

Manindra Bhalla v. State of Uttarakhand

2018-03-09

V.K.BIST

body2018
JUDGMENT : V.K. BIST, J. Present petition has been filed by the petitioners for quashing the First Information Report dated 06.04.2017 lodged by respondent no.3 against the petitioners in Case Crime No.72 of 2017, under Sections 420, 467, 468, 471 & 120 IPC, P.S. Raipur, District Dehradun 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 no.3. In support of compounding application, joint compromise affidavits have been filed by Mr. Manindra Bhalla (petitioner) alongwith petitioner no.2 and Smt. Dolly Gujral complainant-(respondent no.3). In the compounding application it is stated by respondent no.3 that dispute between her and the petitioners has been settled and she has no grievance remain from the petitioners and, as such the matter between the respondent no.3 and the petitioners has been settled amicably and the respondent no.3 does not wish to carry the criminal litigation against the petitioners. 2. It is prayed that the First Information Report dated 06.04.2017 registered as Case Crime No.72 of 2017 for the offences punishable under sections 420, 467, 468, 471 & 120 IPC registered at P.S. Raipur, District Dehradun, 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 06.04.2017 registered as Case Crime No.72 of 2017 for the offences punishable under sections 420, 467, 468, 471 & 120 IPC, at P.S. Raipur, District Dehradun, is hereby quashed, so far petitioners are concerned. 7. Compounding application is, accordingly, disposed of.