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SUBHASHENDU SHARKAR v. STATE OF UTTARAKHAND

Court: High Court of Uttarakhand

Bench: HON'BLE MR. JUSTICE RAVINDRA MAITHANI

Judgment date:

Case summary

High Court of Uttarakhand judgment dated 2020-09-30. SUBHASHENDU SHARKAR v. STATE OF UTTARAKHAND. Read the judgment and case details on LawSphereX.

Judgment text

HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (Criminal) No. 1578 of 2020 Subhashendu Sarkar ...... Petitioner Versus State of Uttarakhand and others …. Respondents Mr. S. R. S. Gill, Advocate for the petitioner. Mr. Sachin Panwar, Brief Holder for the State. Mr. Susheel Kumar, Advocate for the private respondent. Hon’ble Ravindra Maithani, J. (Oral) Petitioner seeks quashing of FIR No. 81 of 2019, under Sections 406, 420 and 120-B IPC, Police Station Dinesh Pur, District Udham Singh Nagar on the basis of amicable settlement between the parties. 2. Heard learned counsel for the parties through video conferencing. 3. According to the FIR, co-accused Niranjan Gain had agreed to sale a property to the informant and taken money also but he did not execute the sale-deed and subsequently he sold the property to some other persons. 4.

Learned counsel for the petitner would submit that petitioner is not named in the FIR but subsequently he was implicated on the basis of Section 120B IPC and now the parties have settled the dispute amicably. 5. Petitioner, who is identified by Mr. S. R. S. Gill, Advocate, and respondent no. 3 the first informant, who is identified by Mr. Susheel Kumar Singh, Advocate, have joined this proceedings through Video Conferencing, as identified by their respective counsels. A joint compounding application has also been filed. Both have stated that they have settled the dispute amicably. 6. Since the parties have settled their disputes amicably, there appears to be no reason to allow proceedings further in the instant case. Therefore, the petition deserves to be allowed. 7. The petition is allowed. 8. The FIR in question is quashed qua the petitioner. 9. Compounding application also stands disposed of accordingly. (Ravindra Maithani, J. ) 30. 09. 2020 Kaushal

Source: High Court of Uttarakhand. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.