R.C. Khulbe, J
1. The Writ Petition has been filed by the petitioners seeking following reliefs:
(i) Issue a writ, order or direction in the nature of Sections 420, 120-B, 467, 468, 471 IPC and 66 (C)(D) I.T. Act, registered at P.S. Cyber Crime,
Police certiorari quashing the impugned FIR dated 16.11.2019 registered as Case Crime No. 18 of 2019, under Station Dehradun, District Dehradun.
(ii) Issue appropriate order or direction for release of petitioners from jail who are languishing in jail in Case Crime No. 18 of 2019, under Sections 420,
120-B, 467, 468, 471 IPC and 66(C)(D) I.T. Act, P.S. Cyber Crime, Police Station Dehradun, District Dehradun.â€
2. A compounding application, jointly signed by counsel for the complainant (respondent no. 3) and counsel for the petitioners has been filed duly
supported by affidavits of pariokar of petitioners and respondent no. 3 (complainant).
3. Complaiant as well as the pairokar of the petitioners is present in the Court today who are duly identified by their respective counsels. It is reported
that petitioners are in jail in connection with FIR dated 16.11.2019, being Case Crime No. 18 of 2019, under Sections 420, 120-B, 467, 468, 471 IPC
and Section 66 (C)(D) I.T. Act.
4. Learned counsels for the parties submit that the dispute has been amicably settled between the parties and the parties have decided to burry the
hatchet.
5. The complainant made a statement that in view of the compromise arrived at between him and the petitioners; he does not want to pursue the
matter any further, therefore, offences be compounded.
6. Having heard learned counsels for the parties and also considering the broad guidelines issued by Hon’ble Apex Court in the case of Gain Singh
vs. State of Punjab reported in (2012) 10 SCC 303 and Narinder Singh & others vs. State of Punjab and another reported in (2014) 6 SCC 466,
request the petitioner deserves to be acceded to.
7. A perusal of the FIR indicates that the dispute between the parties is private in nature and the matter is still being investigated by the police and no
charge-sheet has been filed as yet, as informed by the learned counsel for the parties.
8. Since, the parties have entered into a compromise, therefore, possibility of the trial resulting into conviction of the accused is remote and bleak and,
that being so, continuation of criminal proceedings would visit the accused with great oppression, prejudice and injustice. Rather, it would tantamount
to abuse of process of law. Ends of justice would be met only if criminal proceedings are put to an end, because this would allow the parties to
translate their decision to live in peace in the reality. The only consideration for the compromise reached between the parties seems to be their desire
to burry the hatchet for all times to come. Resolution of a dispute by way of a compromise between two warring groups, therefore, should attract the
immediate and prompt attention of a Court which should endeavour to give full effect to the same unless such compromise is abhorrent to lawful
composition of the society or would promote savagery.
9. In view of above discussion, the writ petition is allowed. FIR dated 16.11.2019, being Case Crime No. 18 of 2019, under Sections 420, 120-B, 467,
468, 471 IPC and Section 66 (C)(D) I.T. Act, registered at PS Cyber Crime, Police Station Dehradun, District Dehradun is hereby quashed along with
all the proceedings emanating therefrom qua petitioners only. Liberty is granted to the person, who is in jail, to approach the Magistrate concerned for
obtaining the order for her release with regard to the aforesaid FIR.
10. Compounding application is, accordingly, disposed of.
