Baby Jyoti vs State of Uttarakhand and Others

Hon''ble Prafulla C. Pant, J.—Heard.

By means of this writ petition moved under Article 226 of Constitution of India, the petitioners have sought quashing of the First Information Report registered as Crime No.292 of 2011, relating to offences punishable u/s 420, 467, 468, 471 and 506 I.P.C., Police Station Jwalapur, District Hardwar.

Learned counsel for the petitioners submitted that the dispute between the complainant and the petitioners is purely of civil nature. It is also pleaded that even if the allegations mentioned in the First Information Report are taken to be true, ingredients of the offences punishable u/s 420, 467, 468, 471 and 506 I.P.C, are not made out. Apart from this, it is pointed out that whatever amount was accepted by the petitioners in connection with transfer of their property to the respondent no.3 Anuj Singh, he (Anuj Singh) has received the amount back.

Shri Anuj Singh (respondent no.3) identified by his counsel Pradeep Kumar Chauhan, Advocate, is present in court. He admitted and verified the fact that he has received back amount from the petitioners. He further submitted before this court that he does not want to prosecute the matter further.

In the above circumstances, the writ petition is allowed. The impugned First Information Report registered as Crime No.292 of 2011, relating to offences punishable u/s 420, 467, 468, 471 and 506 I.P.C.,Police Station Jwalapur, District Hardwar, against the petitioners namely Baby Jyoti and Sunder Singh is hereby quashed. (Stay Application No. 10989 of 2011 and Caveat Application No. 711 of 2011 stand disposed of).