Manoj 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 7 TH DECEMBER, 2 0 2 4

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

Manoj

..... Petitioner

Versus

State of Uttarakhand and Others ..…Respondents

Counsel for the Petitioner : Mr. H.C. Pathak,

Advocate.

Counsel for the Respondent : Mr. Pratiroop Nos. 1 and 2

Pandey, A.G.A

assisted by Mr.

Pradeep Lohani, Brief

Holder.

Counsel for the Respondent : Mr. B.D. Pande, No. 3/ Informant/ 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. 260 of 2024, registered at police station Dineshpur, District Udham Singh Nagar under Section 74 and Section 115 (2) of the Bharatiya Nyaya Sanhita, 2023. 2 .

Heard Mr. H.C. Pathak, learned counsel for the petitioner-accused, Mr. Pratiroop Pandey, learned A.G.A. assisted by Mr. Pradeep Lohani, learned Brief Holder for the respondent nos. 1 and 2 and Mr. B.D.

Pande, learned counsel for the respondent no. 3-informant/ victim. 3 .

A Compounding Application (IA No. 01 of 2024) has been filed by the petitioner and the respondent no. 3. 4 .

The petitioner-Manoj, is present in-person. He is identified by Mr. H.C. Pathak, Advocate. 5 .

The respondent no. 3-Manju, is present in-person. She is identified by Mr. B.D. Pande, Advocate. 6 .

Both, the petitioner and respondent no. 3 have submitted that there were private disputes between them and they have resolved their disputes and after resolving their disputes, they have filed the said Compounding Application. 7 .

Smt. Manju, informant/ victim has further submitted that the petitioner is her relative and she has filed the Compounding Application along with her affidavit with her free will and without any pressure. 8 .

Mr. Pratiroop Pandey, Advocate, has submitted that the offence under Section 74 of the Bharatiya Nyaya Sanhita, 2023 is not compoundable. 9 .

Both, the petitioner and the respondent no. 3 are relatives. They are leaving in peace and harmony. In these circumstances, it would be appropriate, in the

interest of justice, that the impugned First Information Report No. 260 of 2024, registered at police station Dineshpur, District Udham Singh Nagar be quashed. 1 0 . As a result, the impugned First Information Report No. 260 of 2024, registered at police station Dineshpur, District Udham Singh Nagar is hereby quashed. 1 1 . The present Criminal Writ Petition (No. 1372 of 2024) is disposed of accordingly.

_ _ _ __ _ _ _

ALOK KUMAR VERMA, J.

Dt: 17th December, 2024 Shiksha

SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08 b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A 9BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2024.12.17 19:22:27 +05'30'