Jammu & Kashmir High Court
Arun Mohinder Tripathi vs Ut Of Jk Th. Sho Police Station ... on 8 July, 2021
Serial No. 01
After Notice List
IN THE HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
Through Virtual Mode
CrlM No. 538/2021
CrlM No. 537/2021
in
CRM(M) No. 378/2020
Arun Mohinder Tripathi
..... Petitioner(s)
Through: -
Mr. Ashish Sharma, Advocate
V/s
UT of JK th. SHO Police Station Gandhi Nagar Jammu and Anr.
..... Respondent(s)
Through: -
CORAM:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge
(ORDER)
08.07.2021
CrlM No. 538/2021
For the reasons mentioned in the application, coupled with submissions
made at the Bar, the instant application is allowed and the applicant is permitted
to file the instant petition without enclosing therewith the requisite Stamp duty,
Court fee, attestation of documents, etc. It is, however, directed that the said
deficiency shall be immediately made good by the applicant as and when same is
available.
CrlM disposed of as above.
CrlM No. 537/2021
The instant application is filed, seeking recalling of order passed on
11.11.2020 in CRM(M) No. 378/2020 titled Arun Mohinder Tripathi Vs. UT of
JK and Ors., on the ground that the applicant had sought quashment of FIR No.
0055/2018 dated 05.08.2018, which petition on consideration came to be
dismissed by holding that the Hon'ble Court cannot enter into the era of
compounding the offence, which is sole domain of the Magistrate in terms of law.
The grounds seeking recalling of order being relevant are taken note of:-
Because it is submitted that section 345 Crpc envisages for
the compounding of the offences. It has specifically mentioned
in the said section that theft where the value of the property
stolen does not exceed two two hundred and fifty rupees in that
case the offence under section 379
RPC can be compounded by the owner of the property stolen.
In this regard it is submitted that the above said FIR issue is
with regard to the theft of a bike whose cost is above two
hundred and, fifty and the concerned magistrate has no power
to compound the said offence and the power lies only with the
Hon'ble High Court to compound the same.
b. Because it is submitted that Hon'ble Supreme Court and the
Hon'ble High Court of Jammu and Kashmir quashed many
FIRs under various offences including offences under section
307 RPC.
c. Because the Applicant reserves his rights to
adduce additional grounds at the time of
arguments before the Hon'ble Court
Heard learned counsel for the applicant, perused the records and
considered the matter.
Learned counsel appearing for the applicant while reiterating the grounds
made in the application has supported the same with the Judgment of the
Allahabad High Court titled Smt. Usha Pandey and Anr. Vs. State of UP and Ors.,
decided on 23rd March, 2018 and another Judgment of High Court of Jammu and
Kashmir, titled Ab. Rehman Sheikh Vs. State of J&K and others,. The grounds
taken in support of the application seeking recalling of order with regard to
compounding the offence being permissible to the extent as mentioned regarding
theft of property cost whereof is exceeding Rs. 250/- (Two hundred fifty), as
stated cannot be compromised by the Magistrate and the power lies with the High
Court, requires consideration and examination, therefore, on this ground alone,
the order to the extent of dismissing the petition CRM(M) No. 378/2018, by
holding that the applicant shall approach the Magistrate for seeking the relief,
needs reconsideration.
In view of above, this application is allowed and the order dated 11.11.2020
to the extent as mentioned above is recalled and the petition CRM(M) No.
378/2018 revived and be listed before appropriate Bench on 22.07.2021.
Crlm disposed of.
(Ali Mohammad Magrey)
Judge
SRINAGAR
08.07.2021
"Mohammad Yasin Dar
MOHAMMAD YASIN DAR
2021.07.12 16:26
I attest to the accuracy and
integrity of this document
