WPCRL/2361/2021 of HARDEEP SINGH Vs STATE OF UTTARAKHAND on 31 December 2021

IN THE HIGH COURT OF UTTARAKHANDAT NAINITAL

THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA

31[ST] DECEMBER, 2021

CRIMINAL WRIT PETITION NO. 2361 of 2021

Between:

Hardeep Singh alias Happy and Another. …Petitioners

and

State of Uttarakhand and Others.

…Respondents

Counsel for the Petitioners : Mr. Shashak Saun.

Counsel for the Respondent : Mrs. Meena Bisht, learned Nos.1 to 2. Brief Holder for the State.

Counsel for the Respondent : Mr. S.K. Chaudhary. No. 3.

Hon’ble Alok Kumar Verma,J.

This criminal writ petition has been filed under Article 226 of the Constitution of India to issue a writ of certiorari to quash the impugned First Information Report No. 532 of 2021, registered with Police Station Kashipur, District Udham Singh Nagar for the offence under Sections 323 and 506 of IPC.

2. Mr. Shashak Saun, the learned counsel for the petitioners, Mrs. Meena Bisht, the learned Brief Holder for the State of Uttarakhand/respondent nos.1 & 2 and Mr. Sudhir Kumar Chaudhary, the learned counsel for the private respondent no.3.

3.

3. Mr. Hardeep Singh alias Happy, Mr. Kunal Dhingra, the petitioners and Mr. Vivek Kumar Sharma, the respondent no.3 are present in-person. They are identified by their respective learned counsel. The respondent no.3 submitted that the disputes between the parties have settled. He further submitted that he does not want to prosecute the petitioners-accused persons in the said criminal case.

4. Both the parties submitted that they have filed a joint compounding application along with their affidavits with their free will and without any pressure.

5. Mrs. Meena Bisht, the learned Brief Holder for the State, submitted that the State has no objection.

6. Keeping in view of the totality of the facts and circumstances of the case, this Court is of the view that ends of justice would be met if, the impugned First Information Report is quashed.

7. Resultantly, the FIR No.532 of 2021, registered with Police Station Kashipur, District Udham Singh Nagar for the offence under Sections 323 & 506 of IPC, is quashed.

8. The Criminal Writ Petition No.2361 of 2021, filed under Article 226 of the Constitution of India, is disposed of accordingly.

__________________

ALOK KUMAR VERMA, J.