Rajesh Koli Alias Rajji 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 73 of 2 0 2 4

Rajesh Koli alias Rajji

.....Petitioner

Ver su s

State of Uttarakhand and Others ……Respondents

Counsel for the Petitioner : Mr. Dushyant Mainali,

Advocate.

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

Nos. 1 & 2

Additional Advocate

General assisted by

Mr. Deepak Bharadwaj,

Brief Holder.

Counsel for the Respondent : Mr. Nikhil Bhatt, No.3-informant/ victim

Advocate.

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

The present Writ Petition under Article 226 of the Constitution of India has been filed to quash the First Information Report No.343 of 2024, registered at police station Kichha, District Udham Singh Nagar under Sections 121(1), 132 and Section 352 of the Bharatiya Nyaya Sanhita, 2023. 2 .

A Compounding Application (IA No.2 of 2024) has been filed by the respondent no.3 -

informant/ victim and the petitioner – accused. 3 .

Heard Mr. Dushyant Mainali, learned counsel for the petitioner, Mr. G.S. Sandhu, learned Additional Advocate General assisted by Mr. Deepak Bharadwaj, learned Brief Holder for the respondent nos.1 and 2 and Mr. Nikhil Bhatt, learned counsel for the respondent no.3. 4 .

Mr. Rajesh Koli alias Rajji, the petitioner – accused is present in-person. He is identified by Mr. Dushyant Mainali, Advocate. 5 .

Respondent no.3 - Shyam Babu, informant/ victim is present in-person. He is identified by Mr. Nikhil Bhatt, Advocate. 6 .

Both the parties have submitted that there were private disputes between them and they have resolved their disputes and after resolving their disputes they are living in peace and harmony. The respondent no.3 – Shyam Babu has further submitted that he has filed his affidavit with his free will and without any pressure. He has requested to quash the First Information Report. 7 .

Learned counsel for the State has submitted that the offence under Section 121(1) and 132 of the Bharatiya Nyaya Sanhita, 2023 are not compoundable. However, he has conceded that there were private disputes between the parties and they have resolved their disputes. 8 .

There were private disputes between the parties and they have resolved their disputes. After resolving their disputes their relations are cordial. They are living in peace and harmony.

9 .

In these circumstances, it would be appropriate, in the interest of justice, that the impugned First Information Report No.343 of 2024, registered at police station Kichha, District Udham Singh Nagar, be quashed. 1 0 . Accordingly, the First Information Report No.343 of 2024, registered at police station Kichha, District Udham Singh Nagar, is hereby quashed. 1 1 . The criminal writ petition (WPCRL No. 1173 of 2024) is disposed of accordingly.

_ _ _ __ _ _ _

ALOK KUMAR VERMA, J.

Dt: 18.12.2024 Pant/

PANKAJ KUMAR PANT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=9bb5448b4a92c65bab85a1384e98c8e23962296e78d4821a6ecti 1b408aa193c8, postalCode=263001, st=UTTARAKHAND, serialNumber=4FA443614ABEBC1A2C417A645E31B2B4B9D897811D160 D334C31AA4BA6D48D32, cn=PANKAJ KUMAR PANT Date: 2024.12.18 17:36:06 +05'30'