Pintu Mandal vs State Of Uttarakhand And Others
2021 Latest Caselaw 3719 UK

  IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

        Criminal Writ Petition No. 1654 of 2021


Pintu Mandal                                   .....Petitioner
                         Versus

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

Mr. M.S. Pal, learned Senior Counsel assisted by Mr. Govind Singh
Bhandari, learned counsel for the petitioner.
Mrs. Meena Bisht, learned Brief Holder for the State.
Mr. Vikramaditya Shah, learned counsel for respondent no. 3.


                                  Dated: 20th September, 2021

Hon'ble N.S. Dhanik, J. (Oral)

The present criminal writ petition has been filed by the petitioner seeking the following relief:

(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report No. 0195 of 2020, under Section 420 IPC, Police Station Kotwali Bageshwar, District Bageshwar.

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, affidavits have been filed by the petitioner and respondent no. 3.

3. Petitioner (Pintu Mandal) and respondent no. 3/complainant (Madan Mohan Joshi) is present in the Court, duly identified by their respective counsel. They admitted the settlement.

4. Compounding 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 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.

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 First Information Report No. 0195 of 2020, under Section 420 IPC, Police Station Kotwali Bageshwar, District Bageshwar is quashed in terms of the compromise qua the petitioner only. Inform the court concerned accordingly.

8. Criminal writ petition stands disposed of accordingly.

(N.S. Dhanik, J.) 20.09.2021 AK