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Judgment
Pankaj Purohit, J
Heard learned Counsel for the parties.
By means of the present writ petition, petitioner has put to challenge the First Information Report No.0009 of 2025 dated 07.01.2025, under Section 318(4) of the B.N.S. Act, 2023, registered with Police Station Kaladhungi, District Nainital, 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 present FIR has been lodged due to some misunderstanding between the parties, which arose due to financial transactions between them with regard to sale and purchase of the land. Now, the parties have reached to the terms of compromise with the intervention of some respectable members of the locality, 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-Pawan Kumar Gupta @ Pawan Gupta and respondent No.3-Kaushal @ Kaishal Aggrawal are present before this Court, duly identified by their respective counsel. On interaction, respondent No.3 stated that the matter has been settled amicably with the intervention of some respectable members of the locality and the money which was given by him to petitioner, in view of the purchase of the land, which later on turned to be resold, has been returned to him, therefore, no dispute is left between them. Now, he doesn’t 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.
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.0009 of 2025 dated 07.01.2025, under Section 318(4) of the B.N.S. Act, 2023, registered with Police Station Kaladhungi, District Nainital 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.
Pending application, if any, stands disposed of.