Uttarakhand High Court
Smt. Shabana And Others vs State Of Uttarakhand And Others on 2 August, 2017
Author: V.K. Bist
Bench: V.K. Bist
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Compounding Application No.9506 of 2017
In
Criminal Writ Petition No.1132 of 2017
Smt. Shabana & others ......Petitioners
Versus
State of Uttarakhand & others ...Respondents
Mr Gaurav Sharma, Advocate for the petitioners. Mr. V.K. Gemini, Deputy Advocate General for the State of Uttarakhand.
Dated: 02.08.2017 Hon'ble V.K. Bist J.
Present petition has been filed by the petitioners for quashing the First Information Report dated 09.07.2017 being Case Crime No.375 of 2017, under sections 420, 406, 504 & 506 I.P.C. lodged by respondent no.3 at P.S. Kotwali Jwalapur, District Haridwar against the petitioners. Further prayer has been made for commanding the respondent nos.1 & 2 not to arrest the petitioners in connection with impugned FIR dated 09.07.2017 being Case Crime No.375 of 2017 under Sections 420, 406, 504 & 506 I.P.C., lodged by respondent no.3 at P.S. Kotwali Jwalapur, District Haridwar against the petitioners. Alongwith the writ petition compounding application has been filed by the petitioner no.2 and respondent no.3. In support of compounding application, joint compromise affidavits have been filed by Mr. Wahid Ali Khan (petitioner no.2) and Mr. Anil Gupta (complainant-respondent no.3). In the compounding application it is stated by the respondent no.3 that dispute between him and the petitioners has been settled and he 2 has no grievance remain from the petitioners, as such the matter between the respondent no.3 and the petitioners has been settled and the respondent no.3 does not wish to carry the criminal litigation against the petitioners.
2. It is prayed that the offences punishable under sections 420, 406, 504 & 506 I.P.C., arising out of FIR dated 09.07.2017 being Case Crime No.375 of 2017, registered at Police Station Kotwali Jwalapur, District Haridwar may be quashed.
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. Impugned F.I.R. dated 09.07.2017 in connection with Case 3 Crime No.375 of 2017 under section under sections 420, 406, 504 & 506 I.P.C., registered at Police Station Kotwali Jwalapur, District Haridwar is hereby quashed.
7. Compounding application is, accordingly, disposed of.
(V.K.Bist, J.) 02.08.2017 Arti