Uttarakhand High Court
Mr. Krishnamurthy Narayanan Iyer vs State Of Uttarakhand & Another on 28 October, 2014
Author: Sudhanshu Dhulia
Bench: Sudhanshu Dhulia
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Writ Petition No.1295 of 2014
Mr. Krishnamurthy Narayanan Iyer @ Krish Iyer
.............Petitioner
Versus
State of Uttarakhand & another ......Respondents
Hon'ble Sudhanshu Dhulia, J. (Oral)
1. Mr. Siddharth Luthra, Senior Advocate assisted by Mr. Aditya Singh, Advocate, Mr. Nikhil Menon, Advocate and Mr. Dhiraj Gandhi, Advocate, present for the petitioner.
2. Mr. P.S. Saun, learned Deputy Advocate General, present for the State of Uttarakhand/respondent no.1.
3. Mr. Ramji Srivastava, Advocate, for the respondent no.2.
4. The petitioner admittedly had entered into an agreement with respondent no.2. The agreement, inter alia, was for setting up of an establishment for "cash and carry"
business. This was ultimately not done, but subsequent to that there was a settlement between the petitioner and respondent no.2 (Annexure No.P-3 to the writ petition) and as far as the complainant is concerned, he has no further grievance, states the petitioner.
5. Learned counsel for the respondent no. 2, Mr. Ramji Srivastava fairly admits that subsequent to the agreement entered between the parties and not establishment of the premises, there was a settlement dated 20th October, 2014. He also agrees to the veracity of the settlement document enclosed in the petition.
26. All the same, prior to the settlement, a complaint was filed by the respondent no.2 under Section 156 (3) Cr.P.C. on the basis of which a First Information Report No.409 of 2014 was registered, inter alia, under Sections 406/420/467/468/471 read with Section 120B of I.P.C. inter alia against the present petitioner at Police Station - Jwalapur, District Haridwar.
7. Considering that there is now a settlement between the parties and in view of the submission of the petitioner that the dispute is primarily of a civil nature, an interference by this Court is called for.
8. In view thereof, as an interim measure it is directed that till the next date of listing no coercive measure shall be taken against the petitioner, pursuant to the First Information Report No.409 of 2014, which has been registered under Sections 406/420/467/468/471/120B of I.P.C. at Police Station - Jwalapur, District - Haridwar.
9. Respondents shall file their counter affidavits within a period of three weeks.
10. List this matter after four weeks in a daily cause list on 28th November, 2014.
11. Stay application (CLMA) No.12073 of 2014 stands disposed of.
12. On the request of learned counsel for the petitioner, Registry is directed to supply a certified copy of this order to the learned counsel for the petitioner today itself on payment of usual charges.
(Sudhanshu Dhulia, J.) 28.10.2014 ML