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WPCRL/2182/2022
2023 Latest Caselaw 122 UK

Citation : 2023 Latest Caselaw 122 UK
Judgement Date : 9 January, 2023

Uttarakhand High Court
WPCRL/2182/2022 on 9 January, 2023
               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                        COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 WPCRL No. 2182 of 2022
                                 Shri Sanjaya Kumar Mishra, J.

Shri Tazhar Qayyum, learned counsel for the petitioner.

Ms. Manisha Rana, learned AGA for the State.

Shri Abhishek Verma, learned counsel for the respondent no. 3.

Parties were present on 28.11.2022 and compromise was recorded on that date. However, on that date, learned AGA for the State requested for an adjournment to take instructions regarding any larger implication of the alleged crime on the members of the society or on other such entities.

On instructions, today, learned State Counsel would submit that she has instructions from the police that no criminal case is pending against the petitioner and this case has no societal implications.

In that view of the matter, there is no impediment in quashing of the FIR.

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 on the basis of compromise arrived at between the parties. FIR No. 278 of 2022 under Sections 420, 467, 468, 471 IPC, registered at Police Station - ITI District - Udham Singh Nagar against the petitioners is hereby quashed.

(Sanjaya Kumar Mishra, J.) 09.01.2023 (Grant urgent certified copy of this order, as per Rules) SKS

 
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