Uttarakhand High Court
Bal Singh Saini And Others vs State Of Uttarakhand And Others on 12 April, 2018
Equivalent citations: AIRONLINE 2018 UTR 587
Author: V.K. Bist
Bench: V.K. Bist
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Compounding Application No. 4445 of 2018
In
Criminal Writ Petition No. 613 of 2018
Bal Singh Saini & others ....Petitioners
Versus
State of Uttarakhand and others ....Respondents
Mr. Vivek Shukla, Advocate for the petitioners.
Mr. S.K. Chaudhary, Deputy Advocate General for the State of Uttarakhand/ respondent nos. 1
to 3.
Mr. B.M. Pingal, Advocate for the respondent no. 4.
Dated: 12.04.2018
Hon'ble V.K. Bist, J.
Heard learned counsel for the parties.
2. The present petition has been filed by the petitioners for quashing the impugned First Information Report dated 30.01.2018, registered as F.I.R. No. 0087 of 2018, under Sections 420, 467, 468, 471, 120-B, 504 and 506 of I.P.C., registered at Police Station Kotwali Jwalapur, District Haridwar. Along with the writ petition, joint compounding applications have also been filed. In support of compounding application, affidavits have been filed by petitioner no. 1 (Bal Singh Saini) and respondent no. 4 (Subhash Sharma). It is stated in the affidavit filed by the respondent no. 4 that the F.I.R. was lodged by the respondent no. 4 under some misconception. It is also stated in the affidavit that the parties have settled their dispute amicably and the respondent no. 4 is not willing to further prosecute the petitioners.
3. It is prayed that the offences punishable under Sections 420, 467, 468, 471, 120-B, 504 and 506 of I.P.C., arising out of F.I.R. No. 0087 of 2018 may be compounded and the entire proceedings of F.I.R. dated 30.01.2018, registered under Section 420, 467, 468, 471, 120-B, 504 and 506 of I.P.C., at Police 2 Station Kotwali Jwalapur, District Haridwar may be quashed.
4. Parties are present in the Court today and are duly identified by their respective counsel. It is stated that parties have settled the dispute amicably.
5. 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 this Court is satisfied that matter has been settled between the parties amicably and parties are interested to restore peace and harmony between them.
6. 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.
7. Accordingly, the writ petition is allowed. Impugned F.I.R. dated 30.01.2018, registered as F.I.R. No. 87 of 2018, under Section 420, 467, 468, 471, 120- B, 504 and 506 of I.P.C, registered at Police Station Kotwali Jwalapur, District Haridwar, is hereby quashed.
8. Compounding applications are, accordingly, disposed of.
(V.K. Bist, J.) 12.04.2018 Navin