Kaushal Sharma vs State Of Uttarakhand And Others

Alok Kumar Verma, J

This Criminal Writ Petition has been filed under Article 226 of the Constitution of India to quash the First Information Report No.311 of 2021, registered with Police Station Transit Camp, District Udham Singh Nagar for the offence under Section 307 of I.P.C.

Heard Mr. Tanuj Semwal, the learned counsel for the petitioner, Mr. Pratiroop Pandey, the learned A.G.A. for the State and Mr. Mohit Kumar, the learned counsel for the respondent nos.3 and 4.

The learned counsel for the petitioner and private respondents submitted that after lodging the First Information Report, the parties have arrived at an amicable settlement.

Mr. Kaushal Sharma, the petitioner-accused and Mr. Abhishek, the informant-victim are present before this Court, duly identified by their respective counsel.

The learned counsel appearing for the petitioner-accused and respondent nos. 3 & 4 submitted that the parties have arrived at an amicable settlement and affidavits on behalf of them along with Compounding Application (IA No.1 of 2021), to this effect, have also been filed, with their free will and without any pressure.

Mr. Pratiroop Pandey, the learned A.G.A. for the State opposed the compounding application on the ground that there are several criminal cases pending against the petitioner-Kaushal Sharma. However, he fairly conceded that according to the present matter, a shot was fired by the petitioner upon Mr. Abhishek, informant, but, he got no shot.

Though, this Court would normally be hesitant to quash the First Information Report, lodged under Section 307 I.P.C., it is noticed that there is no dispute between the parties and they are residing in peace and harmony.

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 No. No.311 of 2021, registered with Police Station Transit Camp, District Udham Singh Nagar for the offence under Section 307 of I.P.C., is quashed qua the petitioner Kaushal Sharma.

Resultantly, the impugned First Information Report No. No.311 of 2021, registered with Police Station Transit Camp, District Udham Singh Nagar for the offence under Section 307 of I.P.C. is hereby quashed qua the petitioner Kaushal Sharma only.

The Criminal Writ Petition No.2041 of 2021 is disposed of, accordingly.