NARAD MUNI Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
STATE OF UTTARAKHAND
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(1.) THE petitioners are B. Tech. Students in ICFAI University, Dehradun. There is an allegation against
them that they have cheated respondent no. 3 by making
an advertisement in an internet site known as
"quikr.com" inviting buyers for a mobile phone.
Respondent no. 3 settled a deal for Rs.48,000.00 with the
petitioners, out of which he paid Rs.40,000.00 by depositing
in the account of the petitioners, which was promptly
withdrawn by them. However, thereafter respondent no.
3 lost all connections with the petitioners and all his efforts to contact the petitioners failed.
(2.) RESPONDENT no. 3 resides in Bangalore and he came all the way to Dehradun to lodge the First Information
Report at Police Station Patel Nagar, District Dehradun
on 1.1.2013 under Section 420/467/468/471 & 120-B of
IPC. The petitioners were arrested on the same day and
since then are in jail.
Now, the complainant/respondent no. 3 is also before this Court. He has moved an affidavit which is
filed by the petitioner along with the writ petition which
states that now a compromise has been reached between
the parties and respondent no. 3 who is the complainant
has received from the parents of the
petitioners and he does not want to pursue his case any
(3.) THE petitioner has invoked extraordinary jurisdiction of this Court under Article 226 of the
Constitution of India for quashing the entire proceedings.
Before this Court may proceed, this Court deems it fit
and proper that the State must get an opportunity to file
the counter affidavit, and the same opportunity be given
to respondent no. 3 as well to file a formal affidavit to
bring the entire facts on record and his stand in the
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