WPCRL/1767/2020
2021 Latest Caselaw 2394 UK

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                                  WPCRL No. 1767 of 2020
                                  Hon'ble N.S. Dhanik, J .
                                        Mr. Mani Kumar, learned counsel
                                  for the petitioners.
                                        Mr. Pramod Tiwari, learned Brief
                                  Holder for the State of Uttarakhand.
                                        Mr. Kishore Rai, learned counsel for
                                  the third respondent.

Respondent no. 3 has lodged the FIR No. 48 of 2020 with PS Rudrapur, District Udham Singh Nagar for the offence punishable under Sections 498- A, 323, 504 and 506 IPC against the petitioners.

Now parties have filed the joint compounding application stating therein that they have entered into compromise and amicably settled their dispute and now respondent no. 3 does not have any grievance with the petitioners. In support of the compounding application (CLMA No. 9086 of 2020), affidavits have been filed by the petitioner no. 1 who is doing parivi on behalf of the other petitioners also and respondent no. 3.

Petitioner No. 1 (Aman Rastogi), petitioner no. 2 (Pradeep Rastogi), petitioner no. 3 (Neelam Devi) and respondent no. 3 (Khushboo) are present in the Court today through Video Conferencing, duly identified by their respective counsel. They admitted the settlement.

Compounding application bears signatures/thumb impressions of the petitioners and third respondent. 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.

Learned State Counsel orally opposed the compounding application.

Learned counsel for the petitioners placed reliance upon the judgment of the Hon'ble Apex Court in Gian Singh v. State of Punjab and Another, (2012) 10 SCC 303 B.S. Joshi, (2003) 4 SCC

675.

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 between the parties accepted. Impugned FIR dated 05.02.2020 bearing FIR No. 48 of 2020 on the basis of compromise for the offence punishable under Sections 498-A, 323, 504 and 506 IPC, PS Rudrapur, District Udham Singh Nagar is hereby quashed in terms of the compromise qua the present petitioners.

Criminal writ petition stands disposed of accordingly.

All pending applications also stand disposed of.

(N.S. Dhanik, J.) 13.07.2021 SB