WPCRL/332/2021
2021 Latest Caselaw 380 UK

WPCRL No. 332 of 2021
With
Compounding Application No. 01 of 2021
Hon'ble N.S. Dhanik, J.

Mr. P.C. Petshali, learned counsel for the petitioners.

Mr. Balvinder Singh, learned Brief Holder for the State.

Mr. Naveen Singh Bisht, learned counsel for respondent nos. 3 & 4.

Respondent no. 3 has lodged the FIR No. 52 of 2021 at PS Kashipur, District Udham Singh Nagar for the offence under Sections 504 & 506 of IPC against the petitioners.

Now, parties have filed the joint compounding application stating therein that they have entered into compromise and amicably settled their dispute and now the complainant does not have any grievance with the petitioner. In support of compounding application, affidavits have been filed by Shri Anirudh Siddharth (petitioner no. 5 doing pairy on behalf of other petitioners); Shri Vikas Gupta (respondent no. 3/complainant) and Shri Khajanchi Lal Gupta (respondent no. 4/victim). Petitioners duly identified by their Counsel, is present in person before the Court and they ratified the above facts. Respondent no. 3/complainant, duly identified by his Counsel, is present before the Court and respondent no. 4/victim duly identified by his counsel, is also present before the Court through Video Conferencing and ratified the above facts too. Compounding application bears the signatures/thumb impressions of the petitioners and respondent nos. 3 & 4. It has been further stated by the parties that now they have amicably settled their dispute. Therefore, learned Counsel for the parties have submitted that the impugned FIR be quashed in terms of the compromise.

Learned State Counsel has no objection to the compounding application.

Offences under Section 504 and 506 IPC are compoundable. Reliance is placed upon the judgments of the Hon'ble Apex Court in B.S. Joshi, (2003) 4 SCC 675; Nikhil Merchant, (2008) 9 SCC 677; and Manoj Sharma, (2008) 16 SCC.

Considering the facts and circumstances of the case and in view of the legal proposition propounded by the Hon'ble Apex Court, the compounding application is allowed. Compromise arrived at between the parties is accepted. Impugned FIR No. 52 of 2021 registered against the petitioners with PS Kashipur, District Udham Singh Nagar under Sections 504 and 506 IPC is quashed in terms of the compromise.

Writ petition stands disposed of accordingly.

(N.S. Dhanik, J.) 22.02.2021

AK