Bhagwan Singh And Others ... vs State Of Uttarakhand And Others
2023 Latest Caselaw 872 UK

     HIGH COURT OF UTTARAKHAND AT NAINITAL
            Criminal Writ Petition No. 485 of 2023
                              With

            Compounding Application IA No. 1 of 2023

Bhagwan Singh and others                       ...Petitioners

                             Versus

State of Uttarakhand and others              ...Respondents

Present:-
             Mr. K.K. Harbola, Advocate for the petitioners.
             Mr. Lalit Miglani, AGA for the State.
             Mr. Manoj Lakhchaura, Advocate for the respondent
             no. 3.

                          JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The challenge in this petition is made to the FIR

No. 01 of 2023 under Section 420, 34 IPC, P.S. Betalghat,

District Nainital, on the basis of amicable settlement.

2. A Joint compounding application has been filed,

along with the affidavits. On behalf of the petitioners, one

Sunil Kumar has filed affidavit claiming himself as a close

family member of the petitioners.

3. Heard learned counsel for the parties and perused

the record.

4. Learned counsel for the petitioners and the

respondent no. 3, the informant, would submit that the

parties have amicably settled the dispute, which was a

personal dispute with regard to some money transaction.

5. It is stated that the petitioners are in jail. The

respondent no. 3 is present in person before the Court, duly

identified by his counsel. He has stated that he has settled

the dispute amicably.

6. Having considered, this Court is of the view that

the criminal writ petition may be decided on the basis of the

compromise between the parties. Accordingly, the criminal

writ petition deserves to be allowed.

7. The Criminal Writ Petition is allowed. The FIR No.

01 of 2023 under Sections 420, 34 IPC, P.S. Betalghat,

District Nainital is hereby quashed.

8. The petitioners are in jail. They be released

forthwith, if not wanted in any other case.

9. The compounding application stands disposed of

accordingly.

(Ravindra Maithani, J.) 29.03.2023 Avneet/