Uttarakhand High Court
Gaurav Kumar Mishra & Others ... vs State Of Uttarakhand And Others on 5 April, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
Criminal Writ Petition No. 568 of 2021
Gaurav Kumar Mishra & others .....Petitioners
Versus
State of Uttarakhand and others ......Respondents
Mr. Pankaj Miglani, learned counsel for the petitioners.
Mr. Pratiroop Pandey, learned A.G.A. for the State.
Mr. Aakib Ahmed, learned counsel for respondent no. 4.
Dated: 05th April, 2021
Hon'ble N.S. Dhanik, J. (Oral)
The present criminal writ petition has been
filed by the petitioners seeking the following reliefs:
"(i) Issue a writ, order or direction in the nature
of certiorari quashing the First Information Report
lodged against the petitioners on 14.02.2021,
registered at P.S. Kaladhungi, District Nainital as
FIR No. 0035 of 2021, under Sections 420 &
120-B of IPC on the basis of compromise.
(ii) Issue a writ, order or direction in the nature of
mandamus directing the respondent no. 3 to
release the petitioners forthwith."
2. Learned counsel for the petitioners seeks
permission to withdraw the compounding application
(IA No. 1/2021).
3. Permission is granted.
4. The compounding application (IA No.
1/2021) is dismissed as withdrawn.
5. Now, parties have filed the joint
compounding application (IA No. 2/2021) stating
therein that they have entered into compromise and
amicably settled their dispute and now the
respondent no. 4 does not have any grievance with
the petitioner. In support of compounding
application, affidavits have been filed by the
petitioners and the respondent no. 4.
6. It is submitted that petitioners are in jail
and as such the petitioners from jail have authorized
in writing to Mr. Ajay Kumar Mishra for doing pairvi
on their behalf and the said authorization letter is
duly attested by Jailor Sub Jail, Haldwani.
7. Ajay Kumar Mishra (Real brother of petitioner
no. 1, doing pairvi on behalf of the petitioners) and
Mr. Ghananand Sakta (respondent no.
4/complainant) are present in the Court today, duly
identified by their respective counsel.
8. Compounding application bears the
signatures/thumb impressions of the petitioners and
the respondent no. 4. It has been further stated by
the parties that now they have amicably settled their
dispute. Therefore, learned Counsel for the parties
have submitted that the impugned FIR be quashed in
terms of the compromise.
9. Learned State Counsel has no objection to
the compounding application.
10. Learned counsel for the petitioners placed
reliance upon the judgments of the Hon'ble Apex
Court in Gian Singh v. State of Punjab & Another,
(2012) 10 SCC 303; B.S. Joshi, (2003) 4 SCC 675;
Nikhil Merchant, (2008) 9 SCC 677; and Manoj
Sharma, (2008) 16 SCC.
11. Considering the facts and circumstances of
the case and in view of the legal proposition
propounded by the Hon'ble Apex Court, the
compounding application is allowed. Compromise
arrived at between the parties is accepted. Impugned
FIR dated 14.02.2021 arising out of FIR No. 0035 of
2021, registered against the petitioners with PS
Kaladhunghi, District Nainital, under Sections 420,
120-B of IPC and Section 66-D of the I.T. Act is
quashed in terms of the compromise. Petitioners are
in the jail in this case, if they are not wanted in any
other cases, they be released forthwith.
12. Registry is directed to send a copy of this
order to the concerned jail for compliance.
13. Let a certified copy of this order be issued
to the learned counsel for the parties, today itself, on
payment of usual charges.
(N.S. Dhanik, J.)
05.04.2021
AK
