Citation : 2023 Latest Caselaw 2552 UK
Judgement Date : 28 August, 2023
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Writ Petition No. 1214 of 2023
With
Compounding Application IA No.1 of 2023
Jeevan Chand @ Sameer Nayak ......Petitioner
Vs.
State of Uttarakhand and Others ..... Respondents
Mr. Saurav Adhikari, Advocate for the petitioner.
Mr. Amit Bhatt, D.A.G. for the State.
Mr. B.S. Bhandari, Advocate for the respondent nos.3 and 4.
JUDGMENT
Hon'ble Ravindra Maithani, J. (Oral)
The petitioner seeks quashing of the FIR
No.18 of 2023, under Sections 354, 504 and 506 IPC,
Police Station Kahnsyu, District- Nainital, on the basis
of amicable settlement between the parties. A joint
compounding application has been filed along with the
affidavits.
2. Heard learned counsel for the parties and
perused the record.
3. According to the FIR, on 05.08.2023, the
petitioner molested the sister of the informant, who is
respondent no.3
4. Learned counsel for the parties would
submit that the parties are resident of the same
village; it was a small dispute which has been
aggravated to the extent that the FIR has been lodged.
5. The petitioner, the respondent no.3/the
victim and the respondent no.4/the informant are
present in person before the Court. They are identified
by their respective counsel. They have accepted the
compromise.
6. Having considered all the attending
factors, this Court is of the view that it is a case, which
may be decided on the basis of amicable settlement
between the parties. Accordingly, the petition deserves
to be allowed.
7. Accordingly, the petition is allowed. The
FIR No.18 of 2023, under Sections 354, 504 and 506
IPC, Police Station Kahnsyu, District- Nainital, is
hereby quashed.
8. Compounding Application No. 01 of 2023
stands disposed of, accordingly.
(Ravindra Maithani, J.) 28.08.2023 Ravi Bisht
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