MOHAN PALADIYA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE writ petitioners, by means of present Writ Petition, seek to quash the impugned FIR No. 201 of 2014, under Sections 452, 307 and 506 of IPC, dated 19.04.2014 (annexure -1), lodged by petitioner no. 3, at Police Station Haldwani, District Nainital.

(2.) PRESENT criminal writ petition is jointly filed by the informant as well as the accused persons. A first information report was lodged by petitioner no. 3 against the petitioners no. 1 & 2 for the offences punishable under Sections 452, 307 and 506 of IPC. The FIR is under investigation.

(3.) ACCORDING to the first information report, when the writ petitioner no. 3 was sleeping in his room situated in Haldwani, petitioners no. 1 and 2 came to him and inflicted blow of knife on his neck, as a consequence of which, he sustained injury on his neck. Petitioner no. 3 is present in person duly identified by counsel Mr. Aditya Kumar Arya, Advocate. The injured -petitioner no. 3 says that the FIR was lodged against the accused persons (petitioners no. 1 and 2 herein) under some misconception. He says that the petitioners no. 1 and 2 have no role to play in such incident and their names were written due to wrong disclosure of facts by some other persons. He also stated that the dispute between him and the accused persons (petitioners no. 1 and 2) has been settled with the intervention of a few gentlemen of the society. He has no grievance left against the accused persons. He also prays for granting him permission to compound the offences alleged against the petitioners no. 1 and 2. He further states that the first information report lodged by him against the petitioners no. 1 and 2 be quashed. Accused Mohan Paladia and Yugal Sharma are also present in person, duly identified by Mr. Aditya Kumar Arya, Advocate, who affirm what was stated by the injured (petitioner no.3) in the Court. Petitioner no. 1 and Petitioner no. 3 have also filed their affidavits in respect of their statements.