WPCRL/494/2021
2021 Latest Caselaw 954 UK

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                                  WPCRL No. 494 of 2021

                                  Hon'ble N.S.Dhanik, J.

Mr. Saurabh Kumar Pandey and Deepak Sharma, Advocates for the petitioner.

Ms. Meena Bisht, Brief Holder for the State.

Mr. Gaurav Kumar Pandey, Advocate for the respondent no.3.

Respondent no. 3 has lodged an FIR No. 657 of 2020 with PS Haldwani, District Nainital for the offence under Section 420 IPC against the petitioner.

Now, parties have filed a joint

of 2021 stating therein that they have entered into compromise and amicably settled their disputes and now the complainant/respondent no. 3 does not have any grievance with the petitioner. Petitioner is in Jail. In support of the compounding application, affidavits have been filed by the cousin brother of the petitioner Ved Prakash Aggarwal being authorised by the petitioner, and by Bhuwan Chandra Bhatt (respondent no. 3/complainant). Cousin of the petitioner Ved Prakash Aggarwal and respondent no. 3, duly identified by their respective Counsels, are present in person before the Court and they ratified the above facts. Cousin of the petitioner and respondent no. 3 duly identified by their respective Counsels, are present before the Court and ratified the above facts too. 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 disputes. Therefore, learned Counsel for the parties have submitted that the impugned FIR be quashed in terms of the compromise.

Learned State Counsel has no objection to the compounding application.

Reliance is placed upon the judgments of the Hon'ble Apex Court in B.S. Joshi, (2003) 4 SCC 675; Nikhil Merchant, (2008) 9 SCC 677; and Manoj Sharma, (2008) 16 SCC.

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. 657 of 2020 registered against the petitioner with PS Haldwani, District Nainital, under Section 420 IPC is quashed qua the petitioner in terms of the compromise arrived at between the parties.

Writ petition stands disposed of accordingly.

Let a copy of this order supplied to the learned counsel for the petitioner today itself on payment of usual charges.

(N.S.Dhanik, J.) 17.03.2021

Kaushal