Citation : 2022 Latest Caselaw 2885 UK
Judgement Date : 9 September, 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. 1719 of 2022
Hon'ble Sanjaya Kumar Mishra, J.
Mr. T.P.S. Takuli, learned counsel for the petitioners.
Mr. J.S. Virk, learned Deputy Advocate General for the State of Uttarakhand.
Mr. Piyush Singh, learned counsel for the complainant.
The petitioners - Diwan Singh and Pawan Singh are present, who are accused in this case and complainant - Rakesh Kumar is also present.
This writ petition has been filed by the petitioners for quashing the FIR dated 27.07.2022 being FIR No. 199 of 2022 registered under Sections 323, 332, 353, 452 and 506 of I.P.C by the respondent no. 3 - complainant at P.S. Khatima, District - Udham Singh Nagar.
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 27.07.2022 being FIR No. 199 of 2022 registered under Sections 323, 332, 353, 452 and 506 of I.P.C by the respondent no. 3 - complainant at P.S. Khatima, District - Udham Singh Nagar against the petitioners is hereby quashed.
(S.K. Mishra, J.) 09.09.2022 (Grant urgent certified copy of this order, as per Rules) A/-
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