WPCRL/39/2021
2021 Latest Caselaw 170 UK

Citation : 2021 Latest Caselaw 170 UK
Judgement Date : 13 January, 2021

Uttarakhand High Court

WPCRL/39/2021 on 13 January, 2021

WPCRL No. 39 of 2021
With
Compounding Application No. 02 of 2021
Hon'ble N.S. Dhanik, J.

Mr. P.C. Petshali, Advocate for the petitioner.

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

Mr. Naveen Singh Bisht, Advocate for the third respondent.

Respondent no. 3 has lodged the FIR No. 96 of 2020 with PS Bhowali, District Nainital for the offence under Sections 504 and 506 IPC against the petitioner.

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 Lalit Rawat (petitioner) and by Shri Vijendra Lakhra (respondent no. 3/complainant). Petitioner, duly identified by his Counsel, is present in person before the Court and he ratified the above facts. Respondent no. 3/complainant, duly identified by his Counsel, is present before the Court through Video Conferencing and ratified the above facts too. Compounding application bears the signatures/thumb impressions of the petitioner 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 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. 96 of 2020 registered against the petitioners with PS Bhowali, District Nainital under Section 504 and 506 IPC is quashed in terms of the compromise.

Writ petition stands disposed of accordingly.

(N.S. Dhanik, J.) 13.01.2021