WPCRL/1574/2020
2021 Latest Caselaw 311 UK

       HIGH COURT OF UTTARAKHAND

                     AT NAINITAL

        ON THE 28TH DAY OF JANUARY, 2021

                           BEFORE:

  HON'BLE SHRI JUSTICE SHARAD KUMAR SHARMA


       Criminal Writ Petition No.1574 of 2020

BETWEEN:
   Anil Nautiyal (male) aged about 33 years S/o Vijay Nautiyal,
   R/o Badwala, Rajawala, P.O. Ashok Ashram, Chiliyaon, Vikas
   Nagar, District Dehradun

                                                       ....Petitioner

   (By Mr. Abhishek Verma, Advocate alongwith Mr. B.S. Koranga,
   Advocate)



AND:
 1. State of Uttarakhand through S.S.P. Dehradun

 2. Station House Officer P.S. Vikas Nagar District Dehradun

 3. Chatar Singh S/o Buhad Ram R/o Nidhiya, Tehsil Kalsi

    Dehradun District Dehradun

                                                    .....Respondents


   (By Mrs. Mamta Joshi, Brief Holder for the State of Uttarakhand
   and Mr. Pawan Mishra, Advocate for respondent no.3.)

                              With

       Criminal Writ Petition No.1590 of 2020
                                   -2-




BETWEEN:
     Manoj Nautiyal (Male/35 years), S/o Shri Kanti Ram Nautiyal,
     R/o 78, Ambari, Mehuwala Khalsa, Vikasnagar, District
     Dehradun.

                                                       ....Petitioner

     (By Mr. Pawan Mishra, Advocate)

AND:
1.   State of Uttarakhand, through Secretary (Home), Civil
     Secretariat, Uttarakhand, Dehradun

2.   Station House Officer,

     Police Station Vikasnagar,

     District Dehradun

3.   Anil Nautiyal, S/o Shri Vijay Nautiyal,

     R/o Badwala, Rajawala, Post Office Ashok Ashram Chiliyo,

     Vikasnagar, District Dehradun.



                                                    .....Respondents
     (By Mrs. Mamta Joshi, Brief Holder for the State of Uttarakhand
     and Mr. Abhishek Verma, Advocate with Mr. B.S. Koranga,
     Advocate for respondent no.3.


                          JUDGEMENT

These are two criminal writ petitions, in Criminal Writ Petition No.1574 of 2020, Anil Nautiyal vs. State of Uttarakhand and others, the petitioner has prayed for quashing of the FIR, which was registered against him by respondent no.3, Chatar Singh on 17.09.2020, which was registered as Case Crime No.367 of 2020, allegedly for commission of offence under Section 420 and 468 IPC.

2. In the connected, Criminal Writ Petition No.1590 of 2020, Manoj Nautiyal vs. State of Uttarakhand and others, the challenge given by the petitioner, is yet again to

a FIR No.369 of 2020, which was registered by respondent no.3 against present petitioner for commission of offence complained of under Sections 420, 467, 468, 471, 323, 504 and 506 IPC, which was registered at P.S. Vikasnagar, District Dehradun.

3. In both these criminal writ petitions, the parties have filed their respective compounding applications, which has been duly signed and supported by their respective counsels, who have also endorsed the application in Criminal Writ Petition No.1574 of 2020, the compounding application, which has been filed, has been numbered as Compounding Application No.7884 of 2021 and similarly the Compounding Application, which has been preferred by the parties in connected Criminal Writ Petition No.1590 of 2020, has been numbered as Compounding Application No.7979 of 2021.

4. Parties to both the criminal writ petitions, are also present in person before this Court and they have been duly identified by their respective counsels. Apart from that the parties in person have candidly made a statement and particularly the statement of complainant, that he has voluntarily entered into a compromise, the terms of which are reflected from the compounding application, which has been filed under Section 320 Cr.P.C. and they have submitted that in view of the averments made therein and on account of the settlement of dispute, the complainant does not want to prosecute the present accused petitioners any further and wants a composition of the offences.

5. The said plea is being objected by the Government Advocate Mrs. Mamta Joshi, the Brief Holder for the State on the ground that some of the offences,

which are complaint of in the connected Criminal Writ Petition No.1590 of 2020 are not compoundable, as far as the aspect of compoundablity of an offence is concerned that has been much diluted now by the judicial precedents laid down by the Hon'ble Apex Court; including the one which has been rendered by this Court and also after considering the ratio propounded by the Hon'ble Apex Court, where even the offences under Section 376 and 302 IPC, which are too heinous offences in nature and are social offences, had been held to be compoundable. As regards to the allegations of the offence, which are involved in the present two criminal writ petitions, I am of the view that they would be falling within the ambit of judicial precedents as laid down by the said judgment, determining the compoundability of offences, by bringing its, distinct consideration when the High Court exercises its jurisdiction, under Section 482 Cr.P.C. or Article 226 of Constitution of India, the scope of which has been determined to be wide enough for compounding offences.

6. Consequently, both the writ petitions are allowed and the prayer as sought for quashing of the respective FIR's, the details of which has already been given above would stand quash. The criminal writ petitions, accordingly stands allowed.

7. Urgency Application No.7883 of 2021 and Urgency Application No.7978 of 2021 stand disposed of.

(Sharad Kumar Sharma, J.) Vacation Judge Arti