WPCRL/1743/2021
2021 Latest Caselaw 3725 UK

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                                  WPCRL No. 1743 of 2021
                                  Hon'ble N.S. Dhanik, J .
                                        Mr. C.K. Sharma, learned counsel
                                  for the petitioner.
                                        Mr. S.S. Adhikari, learned Deputy
                                  Advocate General for the State.
                                        Mr. Manish Kumar Pandey, learned
                                  counsel for the private respondents.

Respondent no. 3 has lodged the FIR No. 0006 of 2021 with PS Champawat, District Champawat for the offence punishable under Sections 420 and 120B IPC against the petitioner.

It is submitted that petitioner is in jail and as such the petitioner from jail has authorized to Mr. Sajan Kumar (real brother of the petitioner) for doing pairvi on his behalf and the said authorization letter is duly attested by the concerned Jailor.

Now parties have filed the joint compounding application stating therein that they have entered into compromise and amicably settled their dispute and now respondent nos. 3 to 4 have no grievance with the petitioner. In support of the compounding application, affidavits have been filed by Sajan Kumar (real brother of the petitioner), by Jyoti Negi(respondent no. 3) and by Chetan Negi (respondent no. 4/victim Petitioner and respondent nos. 3 to 4 are present in the Court today, duly identified by their respective counsel and admitted the settlement.

Compounding application bears signatures/thumb impressions of the petitioner and private respondents. 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 and in B.S. Joshi v. State of Haryana, (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 23.01.2021 bearing FIR No. 0006 of 2021 on the basis of compromise for the offence punishable under Sections 420 and 120-B IPC, PS Champawat, District Champawat is hereby quashed in terms of the compromise qua the present petitioner.

Criminal writ petition stands disposed of accordingly.

All pending applications also stand disposed of.

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