Citation : 2022 Latest Caselaw 3535 UK
Judgement Date : 7 November, 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. 2045 of 2022
Shri Sanjaya Kumar Mishra, J.
Mr. Tapan Singh, learned counsel for the petitioner.
Mr. J. S. Virk, learned Deputy Advocate General with Mr. Rakesh Kumar Joshi, learned Brief Holder for the State of Uttarakhand.
Mr. Sanjay Kumar, learned counsel for the complainant.
Petitioner - Suchet Kumar is present, who is accused in this case and complainant - Bijendra Singh is also present.
This writ petition has been filed by the petitioner for quashing the FIR dated 31.03.2021 being FIR No. 0137 of 2021 registered under Sections 420, 120-B, 406 and 427 of I.P.C at P.S. Bahadarabad, District - Haridwar.
Parties are present, in person, before this Court and they are duly identified by their respective counsel. Xerox copies of their Aadhar cards are taken on record.
These offences are not heinous. 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 31.03.2021 being FIR No. 0137 of 2021 registered under Sections 420, 120-B, 406 and 427 of I.P.C at P.S. Bahadarabad, District - Haridwar is hereby quashed qua the petitioner.
Compounding Application (IA No. 1 of 2022) stands disposed of.
(Sanjaya Kumar Mishra, J.) 07.11.2022 (Grant urgent certified copy of this order, as per Rules) A/-
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