WPCRL/47/2023
2023 Latest Caselaw 181 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 2023
                                  In
                                  WPCRL No. 47 of 2023
                                  Hon'bleSanjaya Kumar Mishra, J.

Mr. Azim, learned counsel for the petitioners.

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

Mr. Ravi Bisht, learned counsel for the complainant.

The petitioners - Munajir Ali, Ameer Ahmad @ Nanhe, Sharif Ahmad and Rahees Ahmad are present, who are accused in this case and respondent nos. 3 & 4, Mohd. Umar and Ashraf Ali respectively are also present.

This writ petition has been filed by the petitioners for quashing the FIR dated 10.12.2022 being FIR No. 0180 of 2022 registered under Sections 323, 504, 506 I.P.C. by the respondent no. 3 at P.S. Kelakhera, District - Udham Singh Nagar.

Parties are present, in person, before this Court and they are duly identified by their respective counsel. Xerox Copies of Aadhar 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 (IA No. 01 of 2023) are allowed. The FIR No. 0180 of 2022 registered under Sections 323, 504, 506 I.P.C. by the respondent no. 3 at P.S. Kelakhera, District - Udham Singh Nagar against the petitioners, is hereby quashed.

(Sanjaya Kumar Mishra, J.) 11.01.2023 (Grant urgent certified copy of this order, as per Rules) BS