WPCRL/2068/2022
2022 Latest Caselaw 3577 UK

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                                 WPCRL No. 2068 of 2022

                                 Hon'ble S.K. Mishra, J.

Mr. S.K. Mandal, the learned counsel for the petitioner.

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

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

Heard.

This is an application for quashing of the FIR dated 05.06.2022 registered as FIR/Case Crime No. 137 of 2022, lodged under Section 323, 427, 504, 506 and 307 of the Penal Code at P.S. Khatima District Udham Singh Nagar in terms of compromise arrived at between the parties.

His earlier writ petition was dismissed on 04.07.2022. At that point of time offence under Section 307 of the Penal Code has not been added to the scope of the investigation. However, in the meantime, it is stated that offence under Section 307 of the Penal Code has been added to the FIR.

Parties are present in person in the Court, 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.

The allegation against the petitioner is that he fired at the informant but the bullet did not hit the complainant. No injury was sustained by the complainant. They happen to be first cousins being the offsprings of the brother and sister. There is some civil dispute between them also.

Keeping in view the aforesaid circumstances, this Court is of the view that 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.

In that view of the matter, the writ petition is allowed. FIR dated 05.06.2022 registered as FIR/Case Crime No. 137 of 2022, lodged under Section 323, 427, 504, 506 and 307 of the Penal Code at P.S. Khatima District Udham Singh Nagar is hereby quashed (Compounding Application IA No. 1 of 2022 stands disposed of).

(S.K. Mishra, J.) 11.11.2022 (Grant certified copy as per Rules).

PV