WPCRL/2/2021
2021 Latest Caselaw 159 UK

WPCRL No. 02 of 2021
With
Compounding Application No. 02 of 2021
Hon'ble N.S. Dhanik, J.

Mr. Naveen Singh Bisht, Advocate for the petitioners.

Mr. Pratiroop Pandey, learned A.G.A. for the State of Uttarakhand.

Mr. P.C. Petshali, Advocate for the third respondent.

Respondent no. 3 has lodged the FIR No. 97 of 2020 with PS Bhowali, District Nainital for the offence under Sections 323, 504 and 506 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 petitioners. In support of compounding application, affidavits have been filed by Shri Vijendra Lakhra (petitioner no. 1) and by Shri Lalit Rawat (respondent nos. 3/complainant). Petitioner no. 2 and respondent no. 3, duly identified by their respective Counsels, are present in person before the Court and they ratified the above facts. Petitioner nos. 1 and 3, duly identified by their respective Counsels, are 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 no. 3. 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 323, 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

registered against the petitioners with PS Bhowali, District Nainital under Section 323, 504 and 506 IPC is quashed in terms of the compromise.

Writ petition stands disposed of accordingly.

(N.S. Dhanik, J.) 13.01.2021

SB