Uttarakhand High Court
Vishal Kumar & Others ... vs State Of Uttarakhand And Others on 25 May, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
Criminal Writ Petition No. 743 of 2021
Vishal Kumar & others .....Petitioners
Versus
State of Uttarakhand and others ......Respondents
Mr. Ravi Bisht, learned counsel for the petitioners.
Mr. A.K. Sah, learned Brief Holder for the State.
Mr. Vikash Kashyap, learned counsel for respondent no. 3.
Dated: 25th May, 2021
Hon'ble N.S. Dhanik, J. (Oral)
The present criminal writ petition has been
filed by the petitioners seeking the following reliefs:
(i) A writ, order or direction in the nature of
certiorari to quash the impugned First
Information Report dated 25.04.2021 lodged by
respondent no. 3 at PS Bajpur, District Udham
Singh Nagar which has been registered as FIR No.
0158 of 2021, for the alleged offences punishable
under Sections 147, 148, 149, 427 & 506 IPC and
after investigation Section 323 IPC is added by
I.O.
(ii) A writ, order or directions in the nature of
mandamus commanding the respondent no. 2 not
to take any coercive measures against petitioners
pursuant to impugned First Information Report
dated 25.04.2021 lodged by respondent no. 3 at
PS Bazpur, District Udham Singh Nagar for the
alleged offences punishable under Section 147,
148, 149, 427 & 506 IPC and after investigation
Section 323 IPC is added by I.O.
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 & injured
do not have any grievance with the petitioners. In
support of compounding application (IA No. 4/2021)
affidavits have been filed by the petitioners and
respondent no. 3 & injured.
3. On 19.05.2021, petitioners were present in
the Court through video conferencing duly identified
by their respective counsel. Complainant (Satish) and
injured (Rakesh) are present in the Court today
through video conferencing, duly identified by their
respect counsel. They admit the settlement.
4. Compounding application bears the
signatures/thumb impressions of the petitioners;
respondent no. 3 and injured. 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 opposed the
compounding application on the ground that Section
149 IPC is non-compoundable.
6. Learned counsel for the petitioners 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 25.04.2021, registered as FIR No. 0158 of
2021, under Sections 147, 148, 323, 149, 427 & 506
IPC at P.S. Bazpur, District Udham Singh Nagar is
quashed in terms of the compromise qua the
petitioners only.
8. Present Criminal Writ Petition is disposed
of finally.
(N.S. Dhanik, J.)
25.05.2021
AK
