AI Structured Summary
Not yet generated for this judgment
Judgment
Ravindra Maithani, J
A common question of law has been raised in both these writ petitions, hence, they are being decided by this common judgment.
In both the petitions, what is sought is that FIR No.141 of 2019, under Sections 420, 467, 468, 471 and 120-B IPC Police Station Kotwali,
Bageshwar, District Bageshwar may be quashed.
This matter is taken up and heard through Video Conferencing.
FIR has been lodged by respondent no.3 Neeraj Upadhyay who is present before the Court through video conferencing as identified by Mr.
Bhupendra Bisht, Advocate. Petitioner Narayan Singh Kabdwal in Writ Petition (Criminal) No. 207 of 2020 is also present and he is identified by Mr.
Mahendra Singh Rawat, Advocate for the petitioners and petitioner in Writ Petition (Criminal) No. 1144 of 2020, Pratap Ram is identified by his
learned counsel Mr. Siddhant Manral. He is also present.
It is revealed that in an auction process, the respondent no. 3 purchased certain property, but, the property could not be mutated in his name, as the
borrower and guarantor had filed a writ petition before this Court. One of the guarantors is Pratap Ram, the petitioner.
In both these petitions, compounding application has been jointly filed alongwith supporting affidavit.
FIR is not clear on the aspect of as to what it says. According to it the bank officers were informing the informant that there is a suit filed in the
High Court in regard to the property which was purchased by him. It is told by learned counsel present today that since auction process was
challenged by the borrower and guarantor, the mutation could not be done in the name of respondent no.3 and it made him to file FIR. It is told that
now, the matter has been settled. Petitioner Pratap Ram has paid entire money with interest to respondent no.3, the informant and the dispute has
been settled. The petition which is filed by Pratap Ram and the original borrower in the High Court has also been dismissed and the matter has been
settled between the parties.
All the parties who are present before the Court have stated that they have amicably settled the dispute. Having considered, this Court is of the
view that the FIR deserves to be quashed on the basis of amicable settlement between the parties because if it proceeds, it would not yield any such
results, as such. The chances of conviction would be much bleak. Accordingly, the petitions are to be allowed.
Both the Writ Petitions (Criminal) No. 207 of 2020 and 1144 of 2020 are allowed. FIR No. 141 of 2019 under Sections 420, 467, 468, 471 and 120-
B, Police Station Kotwali Bageshwar, District Bageshwar is quashed on the basis of amicable settlement between the parties.
The compounding applications in both the petitions also stand disposed of accordingly.