WPCRL/2093/2022
2022 Latest Caselaw 3620 UK

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      Date                                        COURT'S OR JUDGES'S ORDERS
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                                 WPCRL No. 2093 of 2022
                                 Shri Sanjaya Kumar Mishra, J.

Shri Pranav Singh, learned counsel for the petitioner.

Ms. Manisha Rana, learned AGA for the State.

Shri Susheel Kumar, learned counsel, holding brief of Shri Vaibhav Singh Chauhan, learned counsel for the respondent no. 3.

Brother of the petitioner is present, as petitioner is in custody. Informant - respondent no. 3 is also present today. Both the parties are duly identified by their respective counsel.

I have also inspected Aadhar Cards of the parties. Xerox Copies of Adhar Cards duly signed by the parties and counter signed by their respective counsel are taken on record.

In the Writ Petition No. 1883 of 2022 filed by the co-accused, this Court vide order dated 19.10.2022 has already quashed the FIR qua the petitioner therein.

Having heard learned counsel for the parties, I am of the opinion that this case does not fall under the 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, writ petition and compounding application no. 1 of 2022 are allowed. FIR No. 198 of 2022 dated 17.09.2022 under Sections 307, 504, 506 IPC, registered at Police Station - Basant Vihar, District - Dehradun against the petitioner only is hereby quashed.

The jurisdictional Magistrate in seisin of the matter shall issue order of release of the petitioner forthwith in the present case.

(Sanjaya Kumar Mishra, J.) 15.11.2022 (Grant urgent certified copy of this order, as per Rules) SKS