Advocates:
['ABHISHEK JOSHI', 'G A', 'RAHUL ADHIKARI', 'ADARSH TIWARI']

HIGH COURT OF UTTARAKHAND AT NAINITAL

Criminal Writ Petition No. 218of 2022

Aryan Lal

…........ Petitioner

Vs.

State of Uttarakhand and others

…..... Respondents

Present : Mr. Abhishek Joshi, Advocate for the petitioner.

Mr. Lalit Miglani, A.G.A. and Mr. Pramod Tiwari, Brief Holder for the

State.

Mr. Rahul Adhikari, Advocate for the informant.

JUDGMENT

Hon’ble Ravindra Maithani, J. (Oral)

Instant petition has been filed on behalf of

Aryan Lal for quashing the FIR No.23 of 2022, under

Section 380, 457, 411 IPC, Police Station Haldwani,

District Nainital. Petitioner is in jail in the instant case.

The petition is filed on the basis of amicable settlement

between the parties.

2.

In fact, in this case FIR is lodged by the

informant, Nirdesh Kumar about theft of a Laptop and

other articles from his house.

3.

Heard learned counsel for the parties through

video conferencing and perused the record.

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4.

Learned counsel for the petitioner and learned

counsel for the informant would submit that parties have

entered into a compromise; they do not want to proceed

with the case and the parties are living in peace and

harmony now.

5.

The parties have also filed a joint compounding

application, supported by the affidavits of the brother of

the petitioner and the informant.

6.

Mr. Zeedane Lal, the brother of the petitioner

as well as Dr. Nirdesh Kumar, the informant joined the

proceeding through video conferencing, as identified by

their respective counsel. Dr. Nirdesh Kumar has stated

before the Court that the mother of the petitioner is

working in their establishment; she and other persons

approached him. Considering the career of the petitioner,

he considers that he should be given one more

opportunity to mend.

7.

Having considered the nature of the offence

and the other attending factors, this Court is of the view

that the petition may be decided in terms of the

compromise between the parties. Accordingly, the petition

deserves to be allowed.

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8.

Accordingly, the instant petition is allowed. The

FIR No.23 of 2022, under Section 380, 457, 411 IPC,

Police Station Haldwani, District Nainital is hereby

quashed.

9.

Compounding Application (IA) No.2 of 2022

stands disposed of accordingly.

10.

Petitioner is in jail. He be released forthwith, if

not warranted in any other case.

(Ravindra Maithani, J.)

Vacation Judge

08.02.2022

Sanjay