WPCRL/152/2021
2021 Latest Caselaw 302 UK

IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL
      ON THE 27TH DAY OF JANUARY, 2021
                        BEFORE:
HON'BLE SHRI JUSTICE SHARAD KUMAR SHARMA

     Writ Petition (Criminal) No. 152 of 2021


BETWEEN:

Sachin Gulati & others
                                            ....Petitioners.
     (By Mr. Pankaj Sharma, Advocate)


AND:

State of Uttarakhand & others
                                          .....Respondents

     (Mr. J.S. Virk, Deputy Advocate General with Mr. Rakesh
     Kumar Joshi, Brief Holder for the State of Uttarakhand
     and Mr. Amit Kapri, Advocate for the complainant.)

                          With
     Writ Petition (Criminal) No. 153 of 2021

BETWEEN:

Amanpreet Singh Sethi @ Sunny Sethi & another


                                            ....Petitioners.
     (By Mr. Amit Kapri, Advocate)


AND:

State of Uttarakhand & others
                                          .....Respondents

     (Mr. J.S. Virk, Deputy Advocate General with Mr. Rakesh
     Kumar Joshi, Brief Holder for the State of Uttarakhand
     and Mr. Pankaj Sharma, Advocate for the complainant.)
                               2



                       JUDGMENT

These are the two writ petitions, which are listed today on an application filed by the parties to the writ petitions, invoking the powers contained under Section 320 of the Cr.P.C., seeking composition of their respective offences, as against which the F.I.Rs. have been registered and which have been questioned in the two writ petitions.

2. As far as Writ Petition No. 152 of 2021 is concerned, the petitioners have sought quashing of the F.I.R., which was registered as Case Crime No. 638 of 2020, on 01.12.2020 at P.S. Haldwani, District Nainital for commission of offences under Sections 323, 504 & 506 of I.P.C.

3. In the connected Writ Petition No. 153 of 2021, the challenge, which is being given, is to the F.I.R., which was registered as Case Crime No. 643 of 2020, on 03.12.2020 at P.S. Haldwani, District Nainital, for commission of offences under Section 323, 452 & 504 of I.P.C.

4. In both these writ petitions, the parties have filed their respective compounding applications. They have filed a joint affidavit, duly bearing signatures of the respective counsels, contending thereof that the parties to the writ petitions have amicably settled their disputes in the light of the settlement, which has been placed on record. The complainant of the respective writ petitions, who are present in person, have made a categoric statement that since now parties have arrived to a settlement

and the complainants do not further intend to prosecute the present petitioners, who are accused persons and, hence, they want the composition of the offence, as complaint of in the two writ petitions, which has been detailed above.

5. After having recorded the statements made by respective counsels to the writ petitions, coupled with the statement, which has been made by learned counsels for the petitioners as well as by the Government Advocate, the offences complaint of are compoundable.

6. In that view of the matter, the writ petitions would stand allowed in terms of the settlement, which has been arrived at between the parties, which constitutes to be the part of the compounding application. The Compounding Application (I.A. No. 3 of 2021) stands allowed.

8. Accordingly, the writ petitions are allowed. F.I.R. No. 638 of 2020, dated 01.12.2020, registered at P.S. Haldwani, District Nainital, under Sections 323, 504, 506 I.P.C. and F.I.R. No. 643 of 2020, dated 03.12.2020, registered at P.S. Haldwani, District Nainital, under Section 323, 452, 504 of I.P.C. are hereby quashed.

(SHARAD KUMAR SHARMA, J.) Vacation Judge Navin