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Judgment
N.S. Dhanik, J
The present criminal writ petition has been filed by the petitioners seeking the following reliefs:
(i) Issue a writ, order or direction in the nature of certiorari to quash the impugned FIR dated 23.03.2021 arising out of FIR No. 0166 of 2021 under Section 408 IPC, considering the facts that dispute between the petitioner and complainant/respondent no. 3 has been settled amicably.
(ii) Issue a writ, order or direction in the nature of mandamus commanding respondent no. 1 and 2 to take any coercive measures against the petitioners in connection with impugned FIR dated 23.03.2021 lodged by respondent no. 3 at Police Station Haldwani, District Nainital which has been registered as FIR No. 0166 of 2021, under Section 408 IPC.
Now, parties have filed the joint compounding application stating therein that they have entered into compromise and amicably settled their dispute and now respondent no. 3 does not have any grievance with the petitioners. In support of compounding application, affidavits have been filed by the petitioners and respondent no. 3.
Petitioner no.1 (Tapas Dandapat); petitioner no. 2 (Ganesh Manna) and respondent no.3/complainant (Atul Verma) are present in the Court today, duly identified by their respective counsel. They admitted the settlement.
Compounding application bears the signatures/thumb impressions of the petitioners and respondent no. 3. It has been further stated by the parties that now they have amicably settled their dispute. Therefore, learned Counsel for the parties have submitted that the impugned FIR be quashed in terms of the compromise.
Learned State Counsel does not seriously oppose the compounding application.
Learned counsel for the petitioners placed reliance upon the judgments of the Hon'ble Apex Court in Gian Singh v. State of Punjab & Another, (2012) 10 SCC 303 B.S. Joshi, (2003) 4 SCC 675; Nikhil Merchant, (2008) 9 SCC 677; and Manoj Sharma, (2008) 16 SCC.
Considering the facts and circumstances of the case and in view of the legal proposition propounded by the Hon'ble Apex Court, the compounding application is allowed. Compromise arrived at between the parties is accepted. Impugned FIR dated 23.03.2021 arising out of FIR No. 0166 of 2021 under Section 408 IPC, Police Station Haldwani, District Nainital is quashed in terms of the compromise qua the petitioners only. Inform the court concerned accordingly.
Criminal writ petition stands disposed of accordingly.