Allowed

Pankaj Chakrawarti v. Senior Superintendent Of Police, U.s. Nagar and Others

Uttarakhand HC6 Apr 2017WPCRL/454/2017

Case brief

AI extract

What is this about?

The petition sought quashing of an FIR under Section 376 IPC. The court noted the parties had compromised, entered into marriage, and are living happily, relying on Supreme Court precedents to allow the writ and quash the FIR.

What did the court decide?

The writ petition is allowed, Impugned F.I.R. No. 35 of 2017 under Section 376 IPC is quashed, and the compounding application is disposed of.

Pankaj Chakrawarti Vs Senior Superintendent Of… — Matrimonial and Divorce | Uttarakhand HC (2017)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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Writ Petition (Crl.) No. 454 of 2017 with CLMA No. 3187 of 2017 (Compounding Application)

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Pankaj Chakrawarti. …..Petitioner Versus

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Senior Superintending of Police, Udham Singh Nagar & others. ...Respondents

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Mr. Harshpal Sekhon, Advocate for the petitioner.

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Mr. A.S. Gill, Deputy Advocate General with Mr. Milind Raj, Brief Holder for the State of Uttarakhand/respondent nos. 1 & 2. Mr. Prakash Petshali, Advocate for respondent no. 3.

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Dated: 6^th April, 2017

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Hon’ble V.K. Bist, J.

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This petition has been filed by the petitioner for quashing the F.I.R. No. 35 of 2017 dated 17.03.2017, under Section 376 I.P.C., registered at Police Station Pantnagar, District Udham Singh Nagar. Alongwith this writ petition, joint compounding application has also been filed by the petitioner and respondent no. 3. In support of compounding application, affidavits have been filed by Mr. Pankaj Chakrawarti (petitioner) and Mrs. Amita Mistry (respondent no.3). It is submitted by the learned counsel for the parties that the parties have entered into the compromise and the matter has been amicably settled between them and the respondent no. 3 does not want to press her case filed against the petitioner. It is prayed that the offences punishable under Section 376 of I.P.C., arising out of F.I.R. No. 35 of 2017, may be compounded and the entire proceedings of F.I.R. No. 35 of 2017 dated 17.03.2017, under Section 376 I.P.C., registered at Police

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Station Pantnagar, District Udham Singh Nagar, may be quashed.

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Parties are present in the Court today and they are duly identified by their respective counsel.

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Mrs. Amita Mistry (respondent no.3) appeared before me and submitted that both of them were in love with each other for last 5 years and when petitioner declined to marry with her, then she lodged the F.I.R. against the petitioner. She further submitted that now they have got married with each other and the matter has been settled amicably and they are living happily.

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In view of the principle of law laid down by Hon’ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303 as well as in Transfer Petition (Criminal) No. 115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012 , criminal proceedings can be quashed by this Court, if this Court is satisfied that matter has been settled between the parties amicably and parties are interested to restore peace and harmony between them.

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Having considered submission of learned counsel for the parties and after going through the entire material available on record and also considering the statement of respondent no. 3 that they were in love with each other for last 5 years and have now got married and are living happily, I am satisfied that the matter has been

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settled between the parties amicably. Therefore, the writ petition deserves to be allowed.

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Accordingly, the writ petition is allowed. Impugned F.I.R. No. 35 of 2017 dated 17.03.2017, under Section 376 I.P.C., registered at Police Station Pantnagar, District Udham Singh Nagar, is hereby quashed.

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Compounding application is, accordingly, disposed of.

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(V.K. Bist, J.) 06.04.2017

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Arpan

Pankaj Chakrawarti v. Senior Superintendent Of Police, U.s. Nagar and Others

Case brief

What is this about?

What did the court decide?

Pankaj Chakrawarti v. Senior Superintendent Of Police, U.s. Nagar and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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