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

HIGH COURT OF UTTARAKHAND AT NAINITAL

Criminal Writ Petition No. 217 of 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.19 of 2022, under

Section 380, 454, 411, 34 IPC, Police Station Haldwani,

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

The petition is filed on the basis of compounding of the

offence between the parties.

2.

According to the FIR, the petitioner had stolen

a watch and some other articles from the room of the

informant.

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

settled the dispute; petitioner is a bright student; he is in

jail; the informant has accepted the apology and they are

living in the same premises 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. Poonam Kumari, the informant joined the

proceeding through video conferencing, as identified by

their respective counsel. Dr. Poonam Kumari has stated

before the Court that the mother of the petitioner is

working in their establishment; since the parents of the

petitioner have tendered apology, at this stage, if the case

is dropped, it may perhaps save the future of the

petitioner. Therefore, she does not want to proceed with

the case.

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

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compromise between the parties. Accordingly, the petition

deserves to be allowed.

8.

Accordingly, the instant petition is allowed. The

FIR No.19 of 2022, under Section 380, 454, 411, 34 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