Deepak Singh vs State Of Uttarakhand & Others

Ravindra Maithani, J

The instant writ petition under Article 226 of the Constitution of India has been filed for quashing the impugned FIR No. 212 of 2019, dated 25.04.2019, under Section 379, 411,420, 467, 468, 471 I.P.C., Police Station Rudrapur, District Udham Singh Nagar, on the basis of amicable settlement between the parties. The petitioner is in jail.

A compounding application has also been filed by the father of the petitioner and respondent no.3. The compounding application is supported by the affidavits of the father of the petitioner namely Yogendra Singh as well as the respondent no.3 Jitendra Kumar Kesri. Petitioner's father is present in person before this Court duly identified by his counsel Mr. Lalit Shrama. Respondent no.3 is also present in person before this Court duly identified by his counsel Mr. P.C. Petshali.

Heard learned counsel for the parties and perused the record.

The case is based on an FIR under Section 379 of I.P.C. According to it, the petitioner hired taxi of the first informant and after a few days, he took taxi away and did not make any payment.

In view of the principle of law, as laid down in the case of Gian Singh Vs. State of Punjab and Another, (2012) 10 SCC 30, this Court is of the view that on the basis of amicable settlement between the parties, proceedings may be quashed.

Accordingly, the writ petition is allowed. Impugned FIR No. 212 of 2019, dated 25.04.2019, under Section 379, 411,420, 467, 468, 471 I.P.C., Police Station Rudrapur, District Udham Singh Nagar is hereby quashed qua the petitioner.

The petitioner is in jail. Let he be released forthwith, if not wanted in any other case.

Compounding Application being CLMA No.7005 of 2019 stands disposed of accordingly.