Gunjan Bisht vs State Of Uttarakhand And Others
2021 Latest Caselaw 653 UK

         IN THE HIGH COURT OF UTTARAKHAND

                            AT NAINITAL

              Criminal Writ Petition No. 408 of 2021


Gunjan Bisht                                          .....Petitioner
                            Versus

State of Uttarakhand and others                   ......Respondents

Mr. Prabhat Bohra, learned counsel for the petitioner.
Mr. Pratiroop Pandey, learned A.G.A. for the State.
Mr. Prashant Joshi, learned counsel for respondent no. 3.


                                      Dated: 04th March, 2021

Hon'ble N.S. Dhanik, J.

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 FIR dated 14.02.2021, registered as FIR No. 0044 of 2021, under Sections 420 IPC, registered at P.S. Khatima, District Udham Singh Nagar.

(ii) Issue a writ, order or direction in the nature of mandamus, commanding/directing the respondent nos. 1 & 2 not to arrest the petitioner in connection with impugned First Information Report dated 14.02.2021, registered as FIR No. 0044 of 2021, under Section 420 IPC at P.S. Khatima, District Udham Singh Nagar.

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 (IA No. 1/2021), affidavits have been filed by the petitioner and the respondent no. 3.

3. Petitioner (Gunjan Bisht) as well as the respondent no. 3 (Saroj Yadav) is present-in-person

before this Court duly identified by their respective counsels. They admit the settlement.

4. Compounding application bears the signatures/thumb impressions of the petitioner and the 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.

5. Learned State Counsel has no objection to the compounding application.

6. 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.

7. 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. 0044 of 2021, under Section 420 IPC, registered at P.S. Khatima, District Udham Singh Nagar is quashed in terms of the compromise.

(N.S. Dhanik, J.) 04.03.2021 AK