WPCRL/745/2021 of HARJOT SINGH Vs STATE OF UTTARAKHAND

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition (Criminal) No. 745 of 2021

Harjot Singh and two others ...….......Petitioners

State of Uttarakhand and others ……...Respondents

Mr. Abhishek Verma, Advocate, for the petitioners. Mr. J.S.Virk, Deputy A.G. for the State.

Mr. Mehboob Rahi, Advocate for the respondent no.3.

Hon’ble Narayan Singh Dhanik, J.

Heard through Video Conferencing.

2. Present criminal writ petition has been filed by the petitioners seeking the following reliefs:

“(i) Issue writ or order or direction in the nature of certiorari quashing the impugned first information report dated 01.04.2021 registered as FIR No. 0134 of 2021, under Sections 323,498-A, 506 of IPC and Section ¾ of Dowry Prohibition Act, 1961 at Police Station Kashipur, District Udham Singh Nagar, lodged by the respondent no.3 as against the petitioners. certiorari quashing the impugned first information report dated 01.04.2021 registered as FIR No. 0134 of 2021, under Sections 323,498-A, 506 of IPC and Section ¾ of Dowry Prohibition Act, 1961 at Police Station Kashipur, District Udham Singh Nagar, lodged by the respondent no.3 as against the petitioners.

(ii) Issue writ or order or direction in the nature of mandamus directing the respondent no. 2 to not to arrest the petitioners in pursuance of the FIR dated 01.04.2021 registered as FIR No. 0134 of 2021, under Sections 323, 498-A, 506 of IPC and Section ¾ of Dowry Prohibition Act, 1961 at Police Station Kashipur, District Udham Singh mandamus directing the respondent no. 2 to not to arrest the petitioners in pursuance of the FIR dated 01.04.2021 registered as FIR No. 0134 of 2021, under Sections 323, 498-A, 506 of IPC and Section ¾ of Dowry Prohibition Act, 1961 at Police Station Kashipur, District Udham Singh

Nagar, lodged by the respondent no.3 as against the petitioners.

(iii) And/or pass sch other order as this Hon’ble Court may deems fit and proper under the circumstances of the case.”

3. Now, parties have filed joint compounding application being IA No. 01 of 2021 stating therein that they have entered into compromise and amicably settled their disputes and now the complainant/respondent no. 3 does not have any grievance with the petitioners. In support of compounding application, affidavits have been filed by the petitioner no. 1 as well as respondent no. 3 / complainant- Smt. Manpreet Kaur. Petitioners and respondent no. 3, duly identified by their respective Counsels, are present through Video Conferencing and they ratified the above facts too. Application bears the signature and respondent no. 3. They have further stated that now they have amicably settled their disputes. Therefore, learned Counsel for the parties have submitted that the impugned FIR be quashed in terms of the compromise.

4. Learned State Counsel raised formal objections to the compounding application.

5. In view of the above, as also the authority of the Hon’ble Apex Court and also the proposition of law laid down by the Hon’ble Apex Court in Nikhil Merchant v. C.B.I. & Ors, (2008) 9 SCC 677; B.S. Joshi v. State of Haryana & Anr. reported in (2003) 4 SCC 675, and in Gian Singh v. State of Punjab & Another, (2012) 10 SCC 303, where there is genuine compromise and there is hardly any likelihood

of the offender being convicted and continuance of the proceedings, after the compromise having been arrived at between the parties, would be futile exercise, the compromise should be accepted and the proceedings should be quashed.

6. Considering the facts and circumstances of the case and the legal proposition propounded by the Hon’ble Apex Court, compounding application is allowed. Compromise arrived at between the parties is accepted.

7. Consequently, the impugned FIR dated 01.04.2021 registered as FIR No. 0134 of 2021, for the offences punishable under Sections 323, 498-A, 506 of IPC and Section ¾ of Dowry Prohibition Act, 1961, at Police Station Kashipur, District Udham Singh Nagar,is quashed in terms of the compromise arrived at between the parties.

8. Writ petition stands disposed of accordingly.

Kaushal

(Narayan Singh Dhanik, J.) 07.05.2021