Citation : 2022 Latest Caselaw 2674 UK
Judgement Date : 26 August, 2022
SL. Office Notes,
No. Date reports,
orders or COURT'S OR JUDGE'S ORDERS
proceedings
or directions
and
Registrar's
order with
Signatures
IA No. 1 of 2022
In
WPCRL No. 1620 of 2022
Hon'ble Sanjaya Kumar Mishra, J.
Mr. Aditya Pratap Singh, learned counsel for the petitioners.
Mr. Dinesh Chauhan, learned Brief Holder for the State of Uttarakhand.
Mr. Shashi Kant Shandilya, learned counsel for the complainant.
The complainant, present in the Court, submits that he has already received the alleged defrauded amount, which has been deposited in his account.
The petitioners - Tushar Kenny Dua, Tanmay Garg, Hemant Jindal and Jaya Bhadauria Dua are present, who are accused in this case are also present today.
This writ petition has been filed by the petitioners for quashing the FIR dated 08.03.2022 being FIR No. 0273 of 2022 registered under Sections 406 and 504 of I.P.C by the respondent no. 3 at P.S. Manglore, District - Haridwar.
Parties are present, in person, before this Court and they are duly identified by their respective counsel.
I have also inspected their Aadhar Cards. Xerox Copies of Adhar Cards duly signed by the parties and counter signed by their respective counsel are taken on record.
This case does not fall under category of cases excepted by the Hon'ble Supreme Court in the two judgments i.e. Gian Singh v. State of Punjab (2012) 10 SCC 303 and State of Madhya Pradesh v. Laxmi Narayan (2019) 5 SCC 688 for compromise, therefore, there is no impediment in allowing the compromise application.
Since the parties have entered into compromise, no useful purpose would be served to continue with the investigation and direct for the trial of the case.
Accordingly, the writ petition and compounding application no. 1 of 2022 are allowed. The FIR dated 08.03.2022 being FIR No. 0273 of 2022 registered under Sections 406 and 504 of I.P.C by the respondent no. 3 at P.S. Manglore, District - Haridwar against the petitioners is hereby quashed.
Compounding Application (IA No. 1 of 2022) stands disposed of.
(S.K. Mishra, J.) 26.08.2022 (Grant urgent certified copy of this order, as per Rules) A/-
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