WPCRL/1677/2022
2022 Latest Caselaw 2895 UK

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. 1677 of 2022

                                  Hon'ble Sanjaya Kumar Mishra, J.

Mr. Pankaj Kumar Sharma, learned counsel for the petitioners.

Mr. J.S. Virk, learned Deputy Advocate General for the State of Uttarakhand.

Mr. Aakib Ahmed, learned counsel for the complainant - respondent no. 3.

The petitioners - Deepak, Sagar @ Suraj, father of petitioner no. 3 and complainant - Shubham are present.

This writ petition has been filed by the petitioners for quashing the FIR dated 06.08.2022 being FIR No. 837 of 2022 registered under Sections 147, 148, 307 and 506 of I.P.C by the respondent no. 3 - complainant at P.S. Manglore, District - Haridwar.

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.

Learned Deputy Advocate General on instructions submits that none of the persons involved in this case from the side of the complainant, received any injury. Though, it is alleged that a shot was fired from a country made pistol and one accused has been arrested, who is still in custody for the offences, mentioned above as well as under Section 25 of the Arms Act, 1959 but no gun shot injury was found.

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 06.08.2022 being FIR No. 837 of 2022 registered under Sections 147, 148, 307 and 506 of I.P.C by the respondent no. 3 - complainant at P.S. Manglore, District - Haridwar against the petitioners is hereby quashed.

The petitioner no. 3 is in jail, in connection with aforementioned F.I.R. for the said offences shall be released forthwith, if not wanted in any other case.

(S.K. Mishra, J.) 09.09.2022 (Grant urgent certified copy of this order, as per Rules) A/-