LAWS(UTN)-2014-8-75

JITENDRA SINGH BISHT Vs. STATE OF UTTARAKHAND

Decided On August 28, 2014
Jitendra Singh Bisht Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) THE writ petitioner, by means of present criminal Writ Petition, seeks to quash the impugned FIR dated 22.05.2014, registered as Case Crime No. 88 of 2014, under Section 326of IPC, at Police Station Kotdwara, District Pauri Garhwal. A first information report was lodged by respondent No. 2 against the petitioner for the offence punishable under Section 326 of IPC. A compounding application being CRMA No. 9541 of 2014 has been filed on behalf of the parties, to indicate that they have buried their differences and settled their disputes amicably. The compounding application is supported by the affidavits of petitioner and the son of respondent No. 2, Sumit Negi (victim). Respondent No. 2 also appeared in this Court on 21.08.2014 and stated that although she lodged the first information report against the petitioner, but she is not interested in prosecuting the petitioner, in as much as, a compromise has taken place between the parties with the intervention of a few elderly persons of the community. She has also filed an affidavit to show that her son sustained injuries when he was playing a friendly cricket match.

(2.) THE prayer for compounding was not considered by this Court on 21.08.2014 in the absence of the victim/or his affidavit, although his mother came and stated that neither she, nor her son, is interested in prosecuting the petitioner. Now an affidavit has been filed by the victim indicating therein that he sustained injuries while playing a friendly cricket match.

(3.) PERUSED the contents of the First information report. Learned counsel for the petitioner drew the attention of this Court towards the ruling of Gian Singh v. State of Punjab and another, : (2013) 1 SCC (Cri) 160, in which Hon'ble Supreme Court observed as below: