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Judgment
Pankaj Purohit, J
Heard learned Counsel for the parties.
Vide this Court’s previous orders dated 05.06.2025 and 17.06.2025, learned State Counsel was directed to bring on record the criminal history of the petitioner from DCRB, SCRB and NCRB. Today, learned State Counsel passed on to this Court written instruction dated 18.06.2025, which is taken on record. On this basis of the said instruction, it is submitted by learned State Counsel that no criminal case was found registered against the petitioner except the present one.
By means of the present writ petition, petitioner has put to challenge the First Information Report No.20 of 2024 dated 18.09.2024, for the offence punishable under Section 318(4) of the B.N.S. Act, 2023, registered with Police Station Narendra Nagar, District Tehri Garhwal, in view of the compromise entered into between the parties.
Along with present criminal writ petition, a joint compounding application (IA/1/2025) is filed, which is signed and duly supported by separate affidavits by petitioner and respondent No.3.
In the compounding application, it has been stated by the parties that the parties have reached to the terms of compromise, wherefor a settlement has also reached between them. It is thus, prayed that the present first information report be quashed in terms of the compromise arrived at between the parties.
Petitioner-Naveen Gangwani and respondent No.3-Gopal Singh are present before this Court through V.C., duly identified by their respective counsel. On interaction, respondent No.3 stated that he and the petitioner have arrived at an amicable settlement inasmuch as the amount so received in the account of the petitioner i.e. Rs.50,000/- has been returned to him, and, therefore, they do not want to prosecute the above case against the petitioner in view of the amicable settlement arrived at between them. He fairly conceded that he has no objection, if compounding application is allowed.
Learned State Counsel has no objection if the compounding application is allowed, since the alleged offence is compoundable.
Since the parties have reached to the terms of the compromise, this Court is of the firm opinion that there would remain a remote or bleak possibility of conviction in this case. It can also safely be inferred that it would be unfair or contrary to the interest of justice to permit continuation of the criminal proceedings. Since the answer to the aforesaid points is in affirmative, this Court finds it a fit case to permit the parties to compound the matter.
Accordingly, compounding application (IA/1/ 2025) is hereby allowed. The compromise arrived at between the parties is accepted. The First Information Report No.20 of 2024 dated 18.09.2024, for the offence punishable under Section 318(4) of the B.N.S. Act, 2023, registered with Police Station Narendra Nagar, District Tehri Garhwal, is hereby quashed. Consequently, all the subsequent proceedings pursuant to the impugned FIR automatically shall come to an end.
Accordingly, the present criminal writ petition is allowed.