Ubais Khan and Anr v. State of Uttarakhand

I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL

THE HON'BLE SRI JUSTI CE ALOK KUMAR VERMA

1 8 TH DECEMBER, 2 0 2 4

Cr im in al W r it Pet it ion No. 1 1 15 of 2 0 2 4

Ubais Khan and Another

.....Petitioners

Ver su s

State of Uttarakhand and Others ……Respondents

Counsel for the Petitioners : Mr. Vikas Kumar Guglani,

Advocate.

Counsel for the Respondent: Mr. G.S. Sandhu,

Nos. 1 & 2

Addl. Advocate General

assisted by Mr. Deepak

Bhardwaj, Brief Holder.

Counsel for the Respondent : Mr. B.S. Koranga, Nos.3 to 6

Advocate.

Hon 'ble Alok Ku m ar Ver m a,J.

The present petition under Article 226 of the Constitution of India has been filed to quash the First Information Report No.278 of 2023, registered at police station Rudrapur, District Udham Singh Nagar under Sections 323, 452, 504 and Section 506 of the Indian Penal Code, 1860. 2 .

Heard Mr. Vikas Kumar Guglani, learned counsel for the petitioners, Mr. G.S. Sandhu, learned

Addl. Advocate General for the respondent nos. 1 & 2 and Mr. B.S. Koranga, learned counsel for the respondent nos. 3 to 6-informant/ victims. 3 .

The petitioners-accused Ubais Khan and Umer Khan are present in-person. They are identified by Mr. Vikas Kumar Guglani, Advocate. 4 .

Respondent no.3 Shazeb Khan, the informant, respondent no.4 Mohd. Kazim Khan, the victim, respondent no.5 Zuheb Khan, the victim and respondent no.6 Fawaz Khan, the victim, are present in-person. They are identified by Mr. B.S. Koranga, Advocate.

5 .

A Compounding Application (IA No.1 of 2024) has been filed along with affidavits. 6 .

The private respondents and the petitioners have submitted that there were private disputes between them and they have resolved their disputes. Their relationships are cordial. They are living in peace and harmony. 7 .

The private respondents have further submitted that they have filed Compounding Application with affidavits with their free will and without any pressure. They have requested to quash the First Information Report. 8 .

Mr. G.S. Sandhu, Advocate submitted that

there were private disputes between the parties. They have resolved their disputes. Therefore, the State has no objection to quash the First Information Report. 9 .

The petitioners and the private respondents have resolved their disputes. Their relationships are cordial. They are living in peace and harmony. In these circumstances, it would be appropriate, in the interest of justice, that the impugned First Information Report No.278 of 2023, registered at police station Rudrapur, District Udham Singh Nagar, be quashed. 1 0 . Accordingly, the impugned First Information Report No.278 of 2023, registered at police station Rudrapur, District Udham Singh Nagar, is hereby quashed. 1 1 . The criminal writ petition (WPCRL No. 1115 of 2024) is disposed of accordingly.

_ _ _ __ _ _ _

ALOK KUMAR VERMA, J.

Dt: 18.12.2024 Shiv/

SHIV PRASAD DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=acdf10a01e98b19449a7dc3beb4e294826f188e8btib 97f5b563a10cdbc9a7e37, postalCode=263001, st=UTTARAKHAND, serialNumber=4CD0F168562014610493BB96ADC0F2DE7445 4B24EE89DAA5FC5D31E01760E37D, cn=SHIV PRASAD Date: 2024.12.18 18:05:20 +05'30'