WPCRL/48/2014 of Paramjeet Singh @ Pammi AND OTHERS Vs State Of Uttarakhand AND OTHERS
Parties
- Hence, in view of the proposition of law, laid down by the Hon’ble Apex Court in Gian Singh (PETITIONER)
- Prabodh (RESPONDENT)
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Compounding Appl. no. 461/2014 Urgency Application no. 282/2014
In WPCRL 48/2014Hon’ble V.K. Bist, J.
Mr. Balvinder Singh, Advocate, for
the petitioners.
Mr. M.A. Khan, A.G.A., for the State/respondents no. 1 & 2.
Mr. Mohd. Azim, Advocate, for the
complainant/respondent no. 3.
Urgency application is allowed.
Heard.
Present writ petition has been filed to quash the F.I.R. dated 10.1.2014, registered as F.I.R. No. 21/2014, under Section 147, 148, 323, 504, 506 IPC, PS Ramnagar, District Nainital.
Parties have filed compounding application stating therein that they have entered into compromise and the dispute has, now, been settled amicably between them outside the court. Joint compromise application is duly supported by the affidavits of complainant Indrajeet and the accused Paramjeet Singh.
Parties, duly identified by their respective Counsel, are also present. They have also verified the terms of compromise.
Learned Counsel for the parties submitted that even otherwise there is no reasonable likelihood of the accused being convicted of the alleged offences. Thus, it is submitted that the present petition may be allowed in terms of the compromise.
Hence, in view of the proposition of law, laid down by the Hon’ble Apex Court in Gian Singh v. State of Punjab & Another, reported in (2012) 10 SCC 303, and also in the case of B.S. Joshi v. State of Haryana, reported in 2003 (4) SCC 675,the compounding application deserves to be allowed because no useful purpose is likely to be served by allowing the criminal prosecution to continue. The compounding application is, accordingly, allowed. The compromise arrived at between the parties is accepted and the aforementioned offences are, accordingly, compounded on the basis of the compromise filed by the parties and accepted by this Court.
Resultantly, the petition is allowed is allowed in terms of compromise and the impugned F.I.R. dated 10.1.2014, registered as F.I.R. No. 21/2014, under Section 147, 148, 323, 504, 506 IPC, PS Ramnagar, District Nainital, and all the consequential proceedings are hereby quashed.
17.1. 014 2Prabodh
(V.K. Bist, J.) Vacation Judge