Uttarakhand High Court
WPCRL/1663/2021 on 8 September, 2021
Author: R.C. Khulbe
Bench: R.C. Khulbe
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WPCRL No.1663 of 2021
Hon'ble R.C. Khulbe, J.
Mr. Gaurav Singh, learned counsel for the petitioners.
Ms. Manisha Rana Singh, learned A.G.A. along with Ms. Sonika Khulbe, learned B.H. for the State.
Heard learned counsel for the parties. By means of present writ petition, petitioners seek to quash impugned FIR/Case Crime No.488 of 2021, under Sections 420, 406, 323, 504, 506 IPC, registered at Police Station Kotwali Jwalapur, District Haridwar.
It is argued by learned counsel for the petitioners that it is a dispute regarding plot between the parties; ultimately, a compromise took place between the parties on 12.05.2021; after that the respondent filed a false complaint U/s 156 (3) Cr.P.C. against the petitioners while no offence is made out against the petitioners.
From the perusal of the compromise (Annexure-3) dated 12.05.2021; it is, prima facie, clear that the petitioners have already paid the entire amount to the respondent; there is no dispute remaining between the parties.
Issue notice to respondent no.3 Steps to be taken within seven days. Learned counsel for the State prays for and is allowed four weeks' time to seek instructions.
List the matter on 09.11.2021. In the meantime, the Investigating Agency will follow the procedure U/s Section 41 Cr.P.C. as per law laid down by Hon'ble Apex Court in Arnesh Kumar vs. State of Bihar and another, reported in (2014) 8 SCC 273.
(R.C. Khulbe, J.) 08.09.2021 Sukhbant