High CourtsSingle Bench(2019) 05 UK CK 0216

Lalit Mohan Joshi vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 21 May 2019

HON’BLE JUDGES
Ravindra Maithani, J
RESULT
Allowed
CASE NUMBER
Writ Petition (Criminal) No. 2249 Of 2018

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Judgment

9 paragraphs · 294 words

Ravindra Maithani, J

1.

The instant writ petition under Article 226 of the Constitution of India has been filed by the petitioner for quashing the impugned FIR No. 0404 of 2017, dated 13.11.2017, under Section 420, 467, 468, 471 I.P.C., Police Station Kichha, District Udham Singh Nagar on the basis of amicable settlement between the parties.

2.

A compounding application has also been filed by the petitioner and respondent no.4. The compounding application is supported by the affidavits of the petitioner Lalit Mohan Joshi as well as the respondent no4 Saroj Bhandari. Petitioner is present in person before this Court duly identified by his counsel Mr. Paritosh Dalakoti. Respondent no.4 is also present in person before this Court duly identified by her counsel Mr. Pradeep Hairiya.

3.

Heard learned counsel for the parties and perused the record.

4.

In the instant case, FIR under Section 420, 467, 468, 471 I.P.C has been lodged by the respondent no.4. According to it, petitioner forged the documents by forging signatures of respondent no.4 and used those documents to obtain the land. There are other averments in the FIR.

5.

Learned counsel for the respondent no.5 submits that all the money of the Bank has now been deposited.

6.

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.

7.

Accordingly, the writ petition is allowed. Impugned FIR No. 0404 of 2017, dated 13.11.2017, under Section 420, 467, 468, 471 I.P.C., Police Station Kichha, District Udham Singh Nagar is quashed.

8.

Compounding Application being CLMA No.19100 of 2018 stands disposed of accordingly.