Citation : 2022 Latest Caselaw 1216 UK
Judgement Date : 18 April, 2022
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Misc. Application No. 493 of 2022
Monu Lodhi and another ........... Petitioners
Vs.
State of Uttarakhand and others ........ Respondents
Present : Mr. Shashi Kant Shandilya, Advocate for the petitioners.
Ms. Meena Bisht, Brief Holder for the State/respondent no.1.
Mr. Mahavir Prasad Kohli, Advocate for respondent nos.2 and 3.
JUDGMENT
Hon'ble Ravindra Maithani, J. (Oral)
The challenge in this petition is made to the
proceedings of the Criminal Case No.1767 of 2018,
State vs. Monu Lodhi and others, under Sections 353,
332, 323, 504 IPC, pending in the court of Chief
Judicial Magistrate Dehradun (for short, "the case") on
the basis of amicable settlement between the parties. A
joint compounding application has been filed supported
by affidavits.
2. Heard learned counsel for the parties and
perused the record.
3. Learned counsel for the parties would submit
that the parties have amicably settled the dispute and
they are staying in peace and harmony. Therefore, the
matter may be settled accordingly.
4. The case is based on an FIR lodged by the
respondent no.2 (for short, "the informant"). According
to it, on 11.12.2017, while the informant was
discharging his duties as a Gateman, he was abused
and assaulted by the petitioners. When his brother
came for his rescue, he was also assaulted.
5. The petitioners, the respondent nos.2 and 3
are present before the Court, as identified by their
respective counsel. Parties have accepted the
compromise.
6. The parties have settled the dispute amicably.
Therefore, having considered the nature of offence and
all the attending factors, this Court is of the view that it
is a case which may be decided on the basis of amicable
settlement between the parties. Accordingly, the
petition deserves to be allowed.
7. The petition is allowed. The proceedings of
the case, is hereby quashed.
8. Compounding application stands disposed of
accordingly.
(Ravindra Maithani, J.) 18.04.2022 Sanjay
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