The single judge bench of Justice Ravindra Maithani of the Uttarakhand High Court in the case of Mohammad Vashid Vs State of Uttarakhand and Others held that the relationship of the party even may not persuade the Court to compound the heinous and serious offense.

Brief facts

The factual matrix of the case is that the brother-in-law of the informant, forcibly took the victim with him, and on one night, the petitioner took the victim at the gum point and then, raped her on multiple occasions. The present compounding application was filed by the petitioner in order to quash the FIR under Section 376, 506 IPC on the basis of the amicable settlement between the parties.

Contentions of the Petitioner

The learned counsel for the petitioner contended that the petitioner being the brother-in-law of the victim has settled the dispute and does not want to proceed with this case.

Observations of the court

The Hon’ble Court observed that even in cases when the offense cannot be compounded, the court may grant permission. But then, a number of variables, such as the seriousness of the offense, the effect on society, the relative positions of the parties, etc., must be taken into account. It was furthermore observed that in accordance with the FIR, it is a case of rape and this is a heinous and serious offense.

The Hon’ble Court noted that the relationship of the party even may not persuade this Court to compound the offense. Based on these considerations, the Hon’ble Court was of the view that it requires no interference.

The decision of the court

With the above direction, the court dismissed the application.

Case Title: Mohammad Vashid Vs State of Uttarakhand and Others
Coram: Hon’ble Mr. Justice Ravindra Maithani
Case No.: Criminal Writ Petition No. 1101 of 2023 With Compounding Application IA No.2 of 2023
Advocate for the Petitioner: Mr. Raj Kumar Singh, Advocate
Advocates for the State: Mr. Lalit Miglani, A.G.A. with Ms. Sangeeta Bhardwaj
Advocate for the Respondent No.3: Mr. Pramod Kumar, Advocate

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