WPCRL/1841/2022
2022 Latest Caselaw 3562 UK

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      Date                                   COURT'S OR JUDGES'S ORDERS
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                                 WPCRL No. 1841 of 2022
                                 With
                                 Compounding appl. No. 1 of 2022

                                 Hon'ble S.K. Mishra, J.

Mr. P.C. Petshali, the learned counsel for the petitioner.

Mr. J.S. Virk, the learned Dy. Advocate General for the State.

Mr. Yogesh Upadhyay, the learned counsel for the complainant.

Heard.

This is an application for quashing of the FIR dated 30.08.2022, registered as FIR No. 211 of 2022 lodged under Sections 420 and 506 of the Penal Code at P.S. Kotwali Kotdwar, District Pauri Garhwal in terms of compromise arrived at between the parties.

Complainant, namely, Virendra Kandwal and father of the petitioner, namely, Umardeen are present in the Court, as the petitioner is in custody, duly identified by their respective counsel. I have carefully examined their Aadhar Cards. Xerox copies thereof signed by the parties themselves and attested by their respective learned counsel are filed and kept on record.

It is submitted that now the dispute has been settled amicably between the parties and the amount that is allegedly cheated by the petitioner is paid to respondent no.3. The offences are compoundable in nature, Moreover, the case does not fall under the category of cases excepted by the Hon'ble Supreme Court in the two judgments i.e. Gian Singh vs. State of Punjab (2012) 10 SCC 303 and State of Madhya Pradesh vs. Laxmi Narayan (2019) 5 SCC 688 for compromise, therefore, there is no impediment in allowing the compromise application.

However, the learned Dy. Advocate General would submit that no criminal case is pending against the petitioner and that in the interregnum petitioner has been charge sheeted.

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 is allowed in view of the compromise arrived at between the parties. The charge sheet as well as FIR No. 211 of 2022 lodged under Sections 420 and 506 of the Penal Code at P.S. Kotwali Kotdwar, District Pauri Garhwal is hereby quashed.

The petitioner be released by the Jurisdictional Magistrate forthwith on production of certified copy of this order.

Compounding application stands disposed of.

(S.K. Mishra, J.) 10.11.2022 (Grant certified copies as per Rules.)

PV