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WPCRL/35/2021
2021 Latest Caselaw 116 UK

Citation : 2021 Latest Caselaw 116 UK
Judgement Date : 11 January, 2021

Uttarakhand High Court
WPCRL/35/2021 on 11 January, 2021
WPCRL 35/2021
Hon'ble N.S. Dhanik, J.

Mr. Manav Sharma, Advocate, for the petitioner.

Mr. Balwinder Singh, Brief Holder, for the State/respondents 1 and 2.

Mr. Naveen Chandra Tewari, Advocate, for the respondents 3 and 4.

Respondent no. 3 has lodged the FIR No. 0539 of 2020 with PS Bajpur for the offences under Sections 504, 506 IPC against the petitioner.

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/victims do not have any grievance with the petitioner. Compounding application bears the signatures of petitioner and the victims/respondents 3 and 4 and is duly supported by their affidavits. Petitioner and the victims/respondents 3 and 4, 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 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. 0539 of 2020 registered against the petitioner with PS Bajpur for the offences under Sections 504, 506 IPC is quashed in terms of the compromise.

Writ petition stands disposed of accordingly.

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

 
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