High CourtsSingle Bench(2011) 08 UK CK 0151

Atul Sonkar, Amit Sonkar and Sushil Sonkar vs State of Uttarakhand and Alok Thapa

Uttarakhand High Court · Decided on 10 August 2011

HON’BLE JUDGES
Prafulla C. Pant, J
RESULT
Allowed
CASE NUMBER
Criminal Writ Petition No. 650 of 2011

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Judgment

4 paragraphs · 280 words

Prafulla C. Pant, J.—Heard.

2.

By means of this writ petition moved under Article 226 of Constitution of India, the Petitioners have sought quashing of the First Information Report dated 15.07.2011, registered as crime/FIR No. 201 of 2011, relating to offences punishable u/s 147, 148, 427, 452, 504, 506 Indian Penal Code, Police Station Kotwali, District Dehradun.

3.

Learned Counsel for the Petitioners submitted that out of the alleged offences, Section 427, 504, 506 I.P.C., are compoundable in nature. Other offences are also not grave in nature. It is pleaded on behalf of the learned Counsel for the Petitioners, and learned Counsel for the Respondent No. 3 that the parties have entered into compromise, as such, Respondent No. 3 Alok Thapa does not want to prosecute the Petitioners. It is also pointed out the parties concerned were in litigation in civil suit No. 198 of 2011, and that too has been withdrawn in terms of the compromise. Since, in substance, dispute between the parties relates to the property. Considering the nature of the offences this Court is of the view that to do complete justice between the parties now First Information Report (for short FIR) be quashed. It is pertinent to mention here that the Respondent No. 3 Alok Thapa present in person identified by his counsel pleaded that the FIR be quashed.

4.

Therefore, the writ petition is allowed, and FIR dated 15.07.2011, registered as crime /FIR No. 201 of 2011, relating to offences punishable u/s 147, 148, 427, 452, 504, 506 Indian Penal Code, Police Station Kotwali, District Dehradun, is hereby quashed. (Compounding application No. 8013 of 2011, and stay application No. 7974 of 2011, stand disposed of).