Uttarakhand High Court
Sunil vs State Of Uttarakhand And Others on 24 August, 2021
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Writ Petition No. 1552 of 2021
Sunil .....Petitioner
Versus
State of Uttarakhand and others ......Respondents
Mr. Veer Kunwar Singh, learned counsel for the petitioner.
Mr. S.S. Adhikari, learned Deputy Advocate General along with Mr.
Balvider Singh, learned Brief Holder for the State.
Mr. Ravi Bisht, learned counsel for respondent no. 3.
Dated: 24th August, 2021
Hon'ble N.S. Dhanik, J. (Oral)
The present criminal writ petition has been
filed by the petitioner seeking the following reliefs:
(i) Issue a writ, order or direction in the nature of
certiorari quashing the impugned First
Information Report lodged by respondent no. 3 on
10.12.2020 registered as FIR No. 0043 of 2020,
punishable under Section 420 IPC & Section 66-D
of the Information Technology Act at PS Kanda
Chowki Kamedi Devi, District Bageshwar, so far
as it relates to the petitioner (contained as
annexure no. 1 to the writ petition).
(ii) Issue a writ, order or direction in the nature of
mandamus directing the respondent nos. 1 & 2
not to arrest the petitioner and not to take any
coercive steps against petitioner in pursuance to
the First Information Report lodged by respondent
no. 3 on 10.12.2020 registered as FIR No. 0043 of
2020 punishable under Section 420 IPC & Section
66 D of Information Technology Act, PS Kanda
Chowki Kamedi Devi, District Bageshwar, so far
as it relates to the petitioner (contained as
Annexure No. 1 to the writ petition).
2. Now, parties have filed the joint
compounding application stating therein that they
have entered into compromise and amicably settled
their dispute and now the respondent no. 3 does not
have any grievance with the petitioner. In support of
compounding application, affidavits have been filed
by the petitioner and respondent no. 3.
3. It is submitted that petitioner is in jail and
as such the petitioner from jail has authorized in
writing to Mr. Sher Singh (father of the petitioner) for
doing pairvi on his behalf.
4. Sher Singh (Father of the petitioner) and
respondent no. 3/complainant (Ganesh Singh) are
present before this Court today, duly identified by
their respective counsels. They admit the settlement.
5. Compounding application bears the
signatures/thumb impressions of the petitioner and
respondent no. 3. 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.
6. Learned State Counsel orally opposed the
compounding application.
7. Learned counsel for the petitioner 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.
8. 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 No. 0043 of 2020, under Sections 420 IPC &
Section 66-D of Information Technology Act, PS
Kanda Chowki Kamedi Devi, District Bageshwar is
quashed in terms of the compromise qua the
petitioner only. Inform the court concerned
accordingly.
9. Criminal writ petition stands disposed of
accordingly.
(N.S. Dhanik, J.)
24.08.2021
AK
