Dalip Singh Bohra 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 9 t h DECEMBER, 2 0 2 4

CRI MI NAL W RI T PETI TI ON NO.1 3 1 7 of 2 0 2 4

Dalip Singh Bohra

..…Petitioner

Versus

State of Uttarakhand and Others ..…Respondents

Counsel for the Petitioner : Ms. Aishwarya

Thapliyal, Advocate.

Counsel for the Respondent : Mr. G.S. Sandhu, Nos.1 and 2

Additional Advocate

General assisted by Mr.

Deepak Bhardwaj,

Brief Holder.

Counsel for the Informant/ : Mr. Syed Nadim, Victim

Advocate.

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

The present Petition has been filed under Article 226 of the Constitution of India to quash the First Information Report No.604 of 2024, registered at police station Rishikesh, District Dehradun under Sections 316(2), 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 read with Section 22 of the Banning of Unregulated Deposit Schemes Act, 2019. 2 .

Heard Ms. Aishwarya Thapliyal, learned counsel for petitioner-accused, Mr. G.S. Sandhu,

learned Additional Advocate General assisted by Mr. Deepak Bhardwaj, learned Brief Holder for respondent nos.1 & 2 and Mr. Syed Nadim, learned counsel for respondent no.3-informant/ victim. 3 .

Dalip Singh Bohra, the petitioner-accused is present in-person. Shiv Prasad Juyal, the respondent no.3-informant/ victim, is present through video conferencing. 4 .

The petitioner is identified by Ms. Aishwarya Thapliyal, Advocate and the respondent no.3-Shiv Prasad Juyal, is identified by Mr. Syed Nadim, Advocate. 5 .

On

18.12.2024, Shiv Prasad Juyal, the respondent no.3, submitted that he has received Rs.10,000/ -(Rupees Ten Thousand) in cash and a bank draft bearing No.433990 dated

05.12.2024 for Rs.2,11,000/ -(Rupees Two Lakh Eleven Thousand) from the petitioner-Dalip Singh Bohra. 6 .

Mr. G.S. Sandhu, learned Additional Advocate General, on instructions, submitted that no complaint has been made by the regulator under Section 27 of the Banning of Unregulated Deposit Schemes Act, 2019.

7 .

Heard on the Compounding Application (IA No.02 of 2024). 8 .

Both, Dalip Singh Bohra, the petitioner and Shiv Prasad Juyal, the respondent no.3 submitted that they have filed a compounding application with their affidavits. 9 .

Shiv Prasad Juyal, the respondent no.3, further submitted that he has filed his affidavit with his free will and without any pressure. He has requested to quash the entire First Information Report. 1 0 . Mr. G.S. Sandhu, learned Additional Advocate General, has submitted that there were private disputes between the parties and the said disputes have been resolved by them, therefore, the State has no objection to quash the First Information Report. 1 1 . As a result, the impugned First Information Report No.604 of 2024, registered at police station Rishikesh, District Dehradun is quashed. 1 2 . The present Criminal Writ Petition (No.1317 of 2024) is disposed of accordingly.

_ _ _ __ _ _ _

ALOK KUMAR VERMA, J.

Dt: 19.12.2024 Neha NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=6f1c15b6305912b3f008e9a4a8038ee7326b 08b2dtie018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6 BA960BFE64D819EE44CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2024.12.19 18:37:22 +05'30'