Sarim Ali vs State Of Uttarakhand And Others
2023 Latest Caselaw 463 UK

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

       Criminal Writ Petition No. 324 of 2023
                        With
        Compounding Application IA No.1 of 2023



Sarim Ali                                ...... Petitioner

                          Vs.

State of Uttarakhand and Others        ..... Respondents



Ms. Pushpa Joshi, Senior Advocate assisted by Mr. Girish
Chandra Lakhchaura, Advocate for the petitioner.
Mr. V.S. Rathore, A.G.A. for the State.
Mr. Deep Prakash Bhatt, Advocate for the respondent no.3.


Hon'ble Ravindra Maithani, J. (Oral)

The petitioner seeks quashing of the FIR

No.28 of 2023, dated 21.01.2023, under Sections 419,

420, 406 and 120-B IPC, Police Station Dehradun,

District- Dehradun on the basis of amicable settlement

between the parties.

2. Heard learned counsel for the parties and

perused the record.

3. According to the FIR, the petitioner was a

delivery boy, but he would change the articles meant

for delivery and, thereby, loss was incurred by the

informant company. The report has been lodged by the

respondent no.3.

4. Learned counsel for the petitioner and

the respondent no.3 would submit that the parties

have amicably settled the dispute and they do not

want to proceed with the case.

5. A joint compounding application (IA No.1

of 2023) has been filed by the mother of the petitioner,

Mrs. Sabiha and the respondent no.3 along with their

affidavits.

6. The mother of the petitioner, Mrs.

Sabiha, and the respondent no.3 are present before

the Court, as identified by their respective counsel.

7. On being asked, the respondent no.3

would submit that they have settled the dispute and in

order to compensate the informant, the petitioner has

paid the loss, which he has caused to the informant's

company.

8. It is told that the petitioner is in custody.

9. 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.

10. Accordingly, the petition is allowed. The

FIR No.28 of 2023, dated 21.01.2023, under Sections

419, 420, 406 and 120-B IPC, is hereby quashed, qua

the petitioner.

11. Compounding Application No. 01 of 2023

stands disposed of, accordingly.

12. The petitioner is in jail. He be released

forthwith, if not wanted in any other case.

13. Let a certified copy of this judgment be

supplied to the learned counsel for the parties, today

itself, on payment of usual charges.

(Ravindra Maithani, J.) 22.02.2023 Ravi Bisht