1. Heard learned counsel for the parties.
2. Petitioner has approached this Court seeking the following reliefs:
"(i) Issue a writ, order or direction in the nature of certiorari to quash the impugned First Information Report dated 10.04.2017 registered as FIR No.92 of 2017, u/s 147, 148, 149, 452, 427, 323, 436, 504, 506 & 34 of IPC Police Station Transit Camp, District Udham Nagar lodged by respondent no.3.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.1 and 2 not to take any coercive steps against the petitioner including his arrest pursuant to the aforementioned impugned First Information Report."
3. An FIR was lodged by respondent no.3 against the named accused persons for the offences punishable under 147, 148, 149, 452, 427, 323, 436, 504, 506 & 34 of IPC with Police Station Transit Camp, District Udham Singh Nagar.
4. A compounding application, being CLMA no. 4450 of 2017, is filed by the parties to indicate that the petitioner and respondent no.3 have settled their dispute amicably. A joint compromise is filed on behalf of the parties in which it is clarified that on the date of incident the petitioner was trying to stop the mob which was adamant to destroy the wine shop in which the respondent no.3 was working as sales man. It is categorically admitted to the counsel for the respondent no.3 that on the fateful day, the petitioner went to the place of incident to stop the agitating mob as petitioner''s wife is Sabhasad of that area.
5. Complainant/respondent no.3 Neeraj Bisht and petitioner Dilip Adhikari are present in person before the Court, duly identified by their respective counsel Mr. Mohd. Umar and Mr. M.K. Ray. Respondent no.3 stated that he does not want to prosecute the present petitioner in the aforesaid case and hence they prayed to compound the offences as well as to quash the F.I.R. lodged by him against the petitioner.
6. 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.
7. Having considered submissions of learned counsel for the parties and after going through the entire material available on record and also considering the statement of counsel for respondent no.3, I am satisfied that the matter has been amicably settled between the parties and no useful purpose would be served by continuing the prosecution, as such the petition is liable to be allowed.
8. Accordingly, the writ petition is allowed. Impugned F.I.R. dated 10.04.2017 registered as FIR No.92 of 2017, u/s 147, 148, 149, 452, 427, 323, 436, 504, 506 & 34 of IPC Police Station Transit Camp, District Udham Nagar lodged by respondent no.3, is hereby quashed, qua the petitioner only. [Compounding application stands disposed of].
