WPCRL/32/2021
2021 Latest Caselaw 115 UK

WPCRL 32/2021
Hon'ble N.S. Dhanik, J.

Mr. S.K. Mandal, Advocate, for the petitioners.

Ms. Meena Bisht, Brief Holder, for the State.

Mr. B.S. Koranga, Advocate, i/b Mr. A.K. Yadav, Advocate for the complainant/respondent no. 4.

Respondent no. 4 has lodged the FIR No. 0719 of 2020 with PS Rudrapur for the offences under Sections 406, 323, 504, 506 IPC against the petitioners.

Now, parties have filed the joint compounding application (IA 2/2021) stating that they have entered into compromise and amicably settled their dispute and now the complainant/victim does not have any grievance with the petitioners. Compounding application bears the signatures of petitioners and the complainant and is duly supported by the affidavits of petitioner no. 1 and complainant. All the three petitioners and the complainant/victim, duly identified by their respective Counsels, are present in person before the Court and they ratified the above facts. It has been further stated by the parties that now they are living peacefully and have cordial relations with each other. Therefore, learned Counsel for the parties have submitted that the impugned FIR be quashed in terms of the compromise.

Learned State Counsel does not object to the compounding application.

Offences under Sections 406, 323, 504, 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. 0719 of 2020 registered against the petitioners with PS Rudrapur for the offences under Sections 406, 323, 504, 506 IPC is quashed in terms of the compromise.

Writ petition stands disposed of accordingly.

(N.S. Dhanik, J.) 11.1.2021 Pr